08-22-16 CC Reg Mtg Agenda
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 22, 2016 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Labadie___
Siakel___
Sundberg___
Woodruff___
B. Review Agenda
Attachments
2. APPROVAL OF MINUTES
A. City Council Executive Session Minutes of August 5, 2016 Minutes
B. City Council Work Session Minutes of August 8, 2016 Minutes
C. City Council Regular Meeting Minutes of August 8, 2016 Minutes
D. City Council Executive Session Minutes of August 16, 2016 Minutes
3. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. Approval of the Verified Claims List Claims List
B. Electing to Not Waive Statutory Tort Limits for Liability Insurance Finance Director’s
memo, Resolution
C. Setting December 5 for the Truth-in-Taxation Hearing Date Finance Director’s
memo, Resolution
4. MATTERS FROM THE FLOOR
(No Council Action will be taken)
5. PUBLIC HEARING
A. 7:00 PM Public Hearing – Vacate Drainage and Utility Easements Planning Director’s
Applicant: Oppidan Investment Co. memo, Draft Resolution
Location: 23075 State Hwy 7 plus 6020 and 6050 Chaska Road
6. REPORTS AND PRESENTATIONS
A. Step to it Challenge Trophy Presentation by Anne Nelson, Senior Health
Promotion Specialist with Hennepin County Public Health Promotion
CITY COUNCIL REGULAR MEETING AGENDA – August 22, 2016
Page 2
B. Storm Water Pollution Prevention Program (SWPPP) Presentation by Presentation
Jesse Carlson, Water Resources Project Manager, WSB and Associates, Inc.
7. PARKS
8. PLANNING
Minutes
A. Setback Variance, Variance to Build on Substandard Lot and Planning Director’s
Impervious Surface Variance memo, Resolution
Applicant: Bill Keegan
Location: 25830 Birch Bluff Road
B. C.U.P. for a Six-Foot Fence in Front-Yard Setback Planning Director’s
Applicant: Rachel and Derek Dahlen memo, Resolution
Location: 26000 Shorewood Oaks Drive
9. ENGINEERING/PUBLIC WORKS
A. Water Service Expansion Agreement (City of Excelsior) for the Engineer’s memo,
MCES Lift Station L-18 Relocation Site Resolution
B. Smithtown Road East Sidewalk Extension Project, City Project 14-10 Engineer’s memo,
Resolution Approving Work Order 2 Resolution
10. GENERAL/NEW BUSINESS
A. Adoption of the Preliminary 2017 General Fund Operating Budget Finance Director’s
And Tax Levy memo, Resolution
B. Lake Minnetonka Communications Commission 2017 Budget LMCC’s memo,
Resolution
C. Update on Ashland Woods Default City Attorney/Planning
Director’s memo
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trails Schedule Trail Schedule
2. Monthly Budget Report Finance Director’s memo
3. Short Term Rentals
B. Mayor and City Council
12. ADJOURN
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, August 22, 2016
7:00 p.m.
6:30 PM – City Council Work Session
Agenda Items #2A: Approval of Minutes from the August 5, 2016 Executive Session.
Agenda Item #2B: Approval of Minutes from the August 8, 2016, Council Work Session.
Agenda Item #2C: Approval of Minutes from the August 8, 2016, Regular City Council
meeting.
Agenda Item #2D: Approval of Minutes from the August 16, 2016 Executive Session.
Agenda Item #3A: Approval of the verified claims list.
Agenda Item #3B: Staff recommends council approve the resolution electing to not waive the
statutory tort limits for liability insurance.
Agenda Item #3C: This resolution sets the truth-in-taxation hearing date for Monday,
December 5, with a continuation date of Monday, December 12, if needed.
Agenda Item #4: Matters from the floor – no council action will be taken.
Agenda Item #5A: This is a public hearing to consider a resolution vacating existing drainage
and utility easements on the property being redeveloped as Shorewood Senior Living.
This is considered to be somewhat of a housekeeping measure in that the city’s interest is
in the new easements being dedicated with the final plat. Staff recommends approval of
the resolution provided.
Agenda Item #6A: Anne Nelson, Senior Health Promotion Specialist with Hennepin County
Public Health, will present the Step to it Challenge award.
Agenda Item #6B: Jesse Carlson, Water Resources Project Manager at WSB and
Associations, Inc., will present the annual Storm Water Pollution Prevention Program.
Agenda Item #7: There are no Parks items this evening.
Executive Summary – City Council Meeting of August 22, 2016
Page 2
Agenda Item #8A: This item approves a setback variance, a variance to build on a substandard
lot and impervious surface variance for a new home located at 25830 Birch Bluff Road.
The Planning Commission has reviewed this request and recommends approval.
Agenda Item #8B: This is a request for a conditional use permit for a six-foot high fence in the
front yard of Rachel and Derek Dahlen’s property located at 26000 Shorewood Oaks
Drive. The front of the lot is technically State Highway 7. The Planning Commission has
recommended approval.
Agenda Item #9A: Staff recommends approval of the Excelsior-Shorewood Water Service
Expansion Agreement for the MCES L-18 facility, 21445 State Highway 7. A resolution is
provided.
Agenda Item #9B: Staff recommends approval of work order no. 2 for the Smithtown Road
East Sidewalk Extension Project, city project 14-10. A resolution is provided.
Agenda Item #10A: Staff recommends approval of the preliminary 2017 general fund operating
budget and tax levy for the city of Shorewood. A resolution is provided for council’s
consideration
Agenda Item #10B: The LMCC’s 2017 Budget was approved along with a $.75 PEG Fee
th
increase at its August 11 commission meeting. Council may view the August 11 LMCC
Commission meeting on the LMCC website at www.lmcc-tv.org. A resolution approving
the LMCC 2017 budget is in order.
Agenda Item #10C: Background and discussion information is provided by City Attorney Tim
Keane and Planning Director Brad Nielsen regarding the Ashland Woods Development
located at the southeast quadrant of the Hennepin County Regional Trail and Strawberry
Lane.
Agenda Item #11A: Staff reports are provided in the packet and will be given at the meeting.
#2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL EXECUTIVE SESSION LARGE CONVERENCE ROOM
MONDAY, AUGUST 5, 2016 6:30 PM
MINUTES
1. CONVENE CITY COUNCIL EXECUTIVE SESSION
Mayor Zerby called the meeting to order at 3:10 P.M.
A. Roll Call
Present.
Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg and Woodruff; Attorney
Keane; Director of Public Works Brown; and, Engineer Hornby
Absent:
None
B. Review Agenda
Woodruff moved, Sundberg seconded, approving the agenda as presented. Motion passed 5/0.
The purpose of the executive session was to discuss legal issues related to the Smithtown Road east trail
project. The session was closed pursuant to Minn. Stat. 13D.05. Subd. 3. Mayor Zerby; Councilmembers
Labadie, Siakel, Sundberg and Woodruff; Attorney Keane; Director of Public Works Brown; and, Engineer
Hornby were in attendance.
2. DISCUSSION OF LEGAL ISSUES RELATED TO SMITHTOWN ROAD EAST TRAIL
PROJECT
3. ADJOURN
Sundberg moved, Woodruff seconded, Adjourning the City Council Executive Session of August 5,
2016, at 4:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, AUGUSGT 8, 2016 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Zerby called the meeting to order at 6:04 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg (arrived at 6:06 P.M.), and
Woodruff; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen;
Director of Public Works Brown; and, Engineer Hornby
Absent: Administrator Joynes.
B. Review Agenda
Woodruff moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0.
2. 2016–2025 CAPITAL IMPROVEMENT PROGRAM AND 2017 GENERAL FUND
BUDGET
Director DeJong explained that during its July 25, 2016, work session Council directed staff to refine up
the Street Reconstruction Capital Improvement Program (CIP). Staff determined that all of the streets are
included in the CIP and have some type of maintenance activity planned for them over the 10-year period.
The Equipment Replacement, Water, Sewer and Stormwater Management Funds are all stable over the
course of the CIP timeframe. The Park Improvements Fund will enter into a deficit state if more than about
$200,000 in improvements is made to parks after 2016. The Trail Fund will go into a deficit state in 2018.
If improvements to the roadways on Enchanted Island and Shady Island are moved to 2017 the Street
Reconstruction Fund will enter into a deficit state in 2017.
Councilmember Sundberg arrived at 6:06 P.M.
Director DeJong explained roadways are scheduled to be maintained and replaced based on the PASER
(Pavement Surface Evaluation and Rating) System rating to a great extent. The roadways are rated on a
scale of 10 to 1 with 10 being a perfect newly constructed roadway and 1 being a step above a gravel
roadway. The current practice has been to recommend reconstruction or reclamation when the rating falls
below 4.
The Street Reconstruction CIP has the following roadways scheduled for reconstruction between 2017 and
2020: 2017 – Riviera Lane; 2018 – Mann Lane; 2020 – Seamans Drive. Their current ratings are: Riviera
– 6; Mann – 6; and, Seamans – 7. Each of the three roadways was rated a 4 sometime in the not too distant
past. Some level of maintenance had been done to them which resulted in their ratings being increased. The
underlying conditions of those roadways will likely cause the ratings to fall back to 4 relatively quickly.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 8, 2016
Page 2 of 6
There are some stormwater management issues that need to be addressed where those roadways are
located. When those drainage improvements are made it would make sense to reconstruct the roadways at
the same time. The reconstruction of Amlee Road, Manitou Lane and Glen Road are scheduled for 2021.
There is a lot of stormwater management work that must be done in conjunction with the reconstruction of
those three roadways. They had been pushed out in the schedule because they will be very expensive to do.
The revised 2017 CIP reflects that the improvements for roadways on Enchanted Island and Shady Island
have been advanced to 2017 provided the City of Minnetrista makes improvements to the section of
Enchanted Lane located in Minnetrista in 2017. They had previously been scheduled for improvements in
2023/2024. The improvements would mainly be mill and overlay but one roadway would be reconstructed.
All but one of those roadways are rated 4 or 3; one is rated 5.
He stated if the reconstruction versus reclamation decision matrix does not produce the results people want
to see from a policy perspective then revisions need to be made to the decision matrix. That would be better
than determining what type of maintenance needs to be done one roadway at a time. The PASER rating
combined with the decision matrix allows the City a way to consistently explain to residents when and why
improvements will be made to roadways.
He explained when he started with the City in 2010 the City had recommended the reconstruction of Star
Lane and Star Circle. At that time the residents did not think those roadways were in poor enough shape
and they did not want watermain extended. Based on that resident feedback the reconstruction was pushed
out a few years. A few years later most of the residents favored reconstruction and the extension of
watermain.
He stated staff believes it is prudent for the City to have a policy for making decisions on improvements to
roadways.
DeJong noted that at some point in the not too distant future Council will need to determine how to fund
roadway improvements for the long-term. To date the City has not assessed for roadway improvements but
that may have to change. He stated during the July 25 work session there was a little discussion about
transferring about $500,000 from the General Fund to the Street Reconstruction Fund to address some
short-term issues.
Mayor Zerby noted the most expensive roadway project scheduled for 2017 is for reconstruction of
nd
Strawberry Lane and West 62 Street. He asked how that that schedule fits with the City’s roadway
improvement policy. Director DeJong stated it does not and explained it was moved up because of the
proposed Strawberry Lane trail per Council’s direction. Per the decision matrix the roadway would not be
up for construction in 2017. Councilmember Siakel stated it was her recollection that Strawberry Lane was
originally scheduled for improvements in 2019. DeJong confirmed that and noted it would probably not
have been a full reconstruction; it would probably have been a mill and overlay.
Zerby clarified that Council has discussed a trail along Strawberry Lane but it has not taken any formal
action on that. DeJong stated action was to some extent taken when the CIP was adopted last year. The CIP
reflected the reconstruction of Strawberry Lane in 2017 along with drainage improvements and the
construction of a trail alongside of the roadway.
Director DeJong stated maybe a decision point should be added to the matrix of whether or not there is a
trail associated with a roadway improvement. That could change how the matrix works.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 8, 2016
Page 3 of 6
Mayor Zerby asked if Shorewood Lane, which is scheduled for costly improvements in 2017, follows the
policy. Is its rating below 4? Director Brown stated it is in bad shape.
Councilmember Siakel stated the City has a 20-Year Pavement Improvement Plan (PMP) and it uses the
PASER system to rate the condition of the roadways to determine what type of improvements need to be
made. Because of developments going on in the community there has been discussion about pushing some
projects forward. She asked if any other roadway improvements other than Strawberry Lane were advanced
in the CIP.
Director Brown noted that the 2016 pavement rating of Shorewood Lane is 3.
Mayor Zerby asked if all of the other roadways proposed for significant improvements in 2017 are rated a
3 or less.
Director DeJong clarified that the decision matrix is only for reconstruction versus reclamation. It is not
used for mill and overlay. If the PASER rating for a roadway is 4 or higher than it might be considered for
a mill and overlay. Director Brown noted that mill and overlay is considered a maintenance item as is
sealcoating.
Director Brown explained there are other factors that come into play when considering what improvements
should be made to a roadway and when they should be made. One factor is drainage. He reiterated the
decision matrix is only for reconstruction versus reclamation
Mayor Zerby asked if staff has any suggestions about how to modify the policy. Director Brown suggested
adding more decision points to the decision matrix: one for associated trail construction; one for stormwater
management issues; one for watermain extension; and, possibly one for traffic volume. He explained that a
roadway could come up for reconstruction because of there being a need to make significant stormwater
management improvements.
Zerby noted the Street Reconstruction CIP reflects about $3 million in improvements in 2017. The 2016
CIP reflects about $490,000 and the 2018 reflects about $790,000 in improvements. That is a significant
spike for 2017. He asked why. Director DeJong stated the spike is because of the reconstruction of
Strawberry Lane being moved to 2017. Zerby clarified that cost is about $1 million.
Councilmember Siakel asked if it would be prudent to use the funding for the Galpin Lake Road trail
segment scheduled for 2018 for roadways instead.
Director DeJong clarified roadway improvements do not have to be made as soon as a roadway’s PASER
rating goes under 4. But, it should be included in the system for a reconstruct or a reclaim once that
happens. He stated Council needs to have a policy discussion about how to fund roadway reconstruction
and reclamation.
Mayor Zerby stated Google maps shows there are seven houses along Shorewood Lane. The CIP reflects a
cost of $455,000 to improve that roadway. He noted Councilmember Woodruff has brought up the traffic
volume on roadways before. He asked what has to be done to that roadway. Director Brown asked Mayor
Zerby if he was saying that the traffic volume does not warrant reconstruction. Zerby stated maybe it could
be reclaimed and commented that amount of money is for more than sealcoating.
Director Brown explained when a roadway is reconstructed it is usually because the underlying soils are
not stable. The soils tend to shift during the winter and spring and break up the pavement. Reconstruction
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 8, 2016
Page 4 of 6
involves digging out the soils about two to three feet deep and replacing them. Reclamation does not deal
with the underlying soils. The pavement and rock is ground up and put back down on top of the existing
soils and then a pavement top coat is put down over it. Reclamation when there are poor soils may not be
the best use of the City’s money because of the life of a reclaimed roadway.
Brown noted that there is some staff subjectivity in rating roadways.
Councilmember Siakel stated she assumes that Shorewood Lane has not been advanced in the PMP or CIP.
Director Brown confirmed that.
Director Brown stated Council and staff made a decision to try and keep the City’s roadways at a rating of
4 or higher. Maybe that needs to be reduced but he does not think so.
Councilmember Siakel stated she would like the City stick with the 20-Year PMP and CIP as much as
possible. She thought it important to balance the sense of urgency with roadway projects against being
responsible with the budget.
Director DeJong asked if Council is okay with the Street Reconstruction CIP as presented. He reiterated
that the roadways on the Islands had been scheduled for improvements in 2023/2024 and the current CIP
shows that being advanced to 2017 provided Minnetrista makes improvements to its portion of Enchanted
Lane in 2017. The cost for the improvements is about $500,000. Councilmember Siakel stated that from
her vantage point that is a lot of expense to push forward five years.
Councilmember Sundberg asked if transferring $500,000 from the General Fund to the Street
Reconstruction Fund would be sufficient to fund the Street Reconstruction CIP as presented. Director
DeJong responded yes and explained that without transferring money into the fund would result in an
approximate $500,000 deficit until 2020.
Sundberg noted she would like to stick to the original plan.
Councilmember Labadie asked how much money the City would save by making its repairs to Enchanted
Lane at the same time Minnetrista does rather than doing the project when originally planned in 2023/2024.
Mayor Zerby noted that doing a cooperative project on Enchanted Lane with Minnetrista does not
necessitate all the roadways on the Islands being worked on.
Engineer Hornby stated if it were to be a cooperative project he estimated the savings to be 5 – 10 percent.
Director Brown asked if Minnetrista was going to do floodplain mitigation as part of its project. Hornby
stated yes and noted the Minnehaha Creek Watershed District (MCWD) is working on that. Brown stated
he thought the City would save about 10 percent because the City would want to dovetail with Minnetrista
on the floodplain management portion.
Director Brown explained that when a roadway is raised flood storage volume is lost. Therefore, FEMA
(Federal Emergency Management Agency) and the MCWD require that the volume be made up
somewhere. That basically means a hole has to be dug somewhere to store that volume of water for floods.
The approval process for that is costly.
Brown clarified there would be a 5 percent savings on construction hard costs and there would be savings
on the design costs and permitting costs.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 8, 2016
Page 5 of 6
Councilmember Labadie expressed her preference to make a concerted effort to stay with the original
timeline but there are times when decisions have to be made on a case by case basis. She stated Council
needs to know what the realistic savings would be by doing a cooperative project.
Councilmember Siakel asked when people will know if Minnetrista is going to move forward with its
Enchanted Lane project in 2017. Engineer Hornby noted that the Minnetrista Council is going to have a
public information meeting in before it moves to consider the feasibility study phase.
Engineer Hornby noted if the City wants to move forward with floodplain mitigation he would have to
calculate that. The MCWD is preparing plans now.
Director Brown stated in addition to adding more decision points to the decision matrix (associated trail
construction; stormwater management issues; watermain extension; and, possibly traffic volume) he also
recommended adding a financial feasibility decision point.
Director DeJong stated staff will hold off with budgeting for the transfer of funds from the General Fund to
the Street Reconstruction Fund at this time.
Councilmember Siakel asked if there is a way to extend watermain without having to tear up a roadway.
She has had residents ask her about that. Director Brown explained a pipe can be bored down a roadway.
The issue would be in bringing out services from each property; it would create a bump in the roadway at
each property. People would have to put up with the bumps for a year and then the following year a mill
and overlay could be done to the roadway.
Director Brown explained that on the agenda for the meeting following this there are two items for a
Mission Communication system. One is for the water system and one is for the sanitary sewer system. The
one for the water system is included in the Water CIP for 2016. The Sanitary Sewer System CIP does not
include it.
Mayor Zerby explained that during its July 25, 2016, meeting Council discussed a petition from residents
living in the Shorewood Ponds development requesting the parking lot in Freeman Park adjacent to the
development be paved. He asked if the $50,000 in 2017 for the line item titled Freeman Parking lot
w/MCWD in the Park Improvements CIP is for that. Director Nielsen stated there is no number for that yet.
Director DeJong stated he thought that is a placeholder. Zerby noted the items in the CIP are all
placeholders.
Director DeJong reviewed the major elements in the draft 2017 General Fund Budget.
The preliminary General Fund levy increase is 2 percent. That is the base level needed to maintain
services.
It includes a salary reserve of 2.5 percent for office staff and Public Works union personnel. The
union contract has to be renegotiated for 2017.
It includes $40,000 for contract forestry activities; the same as in 2016.
The $50,000 included for a compensation study and transition planning in 2016 has been removed
for 2017. That work will be completed in 2016.
The $85,000 included in the first draft budget for consultant services to update the Shorewood
Comprehensive (Comp) Plan has been removed.
Those changes will put the 2017 anticipated deficit at $73,000. That compares to $180,148 in
2016.
The permit revenue was increased by $30,000 when compared to the first draft.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 8, 2016
Page 6 of 6
The plan check fees were increased by $10,000 when compared to the first draft.
He then reviewed minor changes in the draft 2017 Budget.
Professional services – Prosecution was increased by $4,000.
Municipal Building – Communications in was increased by $4,000 to increase the speed of the
internet service.
Inspections – Contractual Services was increased by $2,500 because of the Minnetonka Country
Club development.
Public Works – Motor Fuels was reduced by $3,000.
Director DeJong stated past practice has been that revenues should be budgeted such that there is a 50
percent chance the actual amounts would be higher. For expenses there should be a 50 percent chance they
would be less than budget.
Public Safety Budgets
Those will be discussed during the regular Council meeting following this work session.
Recommended CIP and Levy for 2017
3. ADJOURN
Siakel moved, Sundberg seconded, Adjourning the City Council Work Session of August 8, 2016, at
6:50 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
#2C
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 8, 2016 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg, and Woodruff; Attorney
Keane; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen;
Director of Public Works Brown; and, City Engineer Hornby
Absent: Administrator Joynes.
B. Review Agenda
Mayor Zerby asked Council to be considerate of the public safety chiefs’ time by possibly moving their
items up further on the agenda.
Siakel moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes of July 25, 2016
Woodruff moved, Siakel seconded, Approving the City Council Special Meeting Minutes of July 25,
2016, as presented. Motion passed 5/0.
B. City Council Work Session Minutes of July 25, 2016
Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of July 25,
2016, as presented. Motion passed 5/0.
C. City Council Regular Meeting Minutes of July 25, 2016
Labadie moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of July
25, 2016, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the item on the Consent Agenda.
Sundberg moved, Siakel seconded, Approving the Motion Contained on the Consent Agenda.
A. Approval of the Verified Claims List
Motion passed 5/0.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 2 of 10
4. MATTERS FROM THE FLOOR
George Greenfield, 24715 Yellowstone Trail, noted that his reason for being present was to challenge two
assertions made during the public hearing held during the July 14, 2016, special Council meeting. The
hearing was about tax increment financing (TIF) related to Oppidan Investment Company’s Shorewood
Senior Living development.
Mr. Greenfield explained he cannot challenge the first assertion because he has not received the
information from the City regarding wage history for people working in the Public Works Department
between 1990 and now. It was his recollection that during that meeting Councilmember Siakel made the
assertion that the City was scrupulous about making sure that wages retained their value through the
years. He asked what the evidence for that assertion was. Mayor Zerby noted that there was no need to
answer that question and stated he appreciated the comments. Mr. Greenfield stated from his perspective
that is a violation of the law; that public information needs to be provided.
Mr. Greenfield stated he wanted to challenge the assertion that the deal with Oppidan “was just like
buying a bond from Goldman Sachs”. He explained he had a financial professional help him understand a
printout dated July 14, 2016. A reference was made to a 4 percent payment the City of Shorewood was
going to get. According to his professional the 4 percent payment was labeled an interfund loan; a
payment made by Shorewood from one of its funds to another of its funds. It is not coming from Oppidan.
Therefore, he does not consider it to be like a bond. He considered it to be like him taking 4 percent of the
money he puts in his checking account and transferring it to his savings account and then saying he had
more money. He considers that to be an accounting trick.
He noted he does not consider the deal to be a liquid deal. If there were to be an economic crisis
Shorewood could not cash in. He explained if he owned a bond and had an economic difficulty he could
sell the bond at any time in order to deal with that difficulty. He does not think the Shorewood deal
resembles a bond at all.
He then noted the second sheet of the document states a note rate of 5.5 percent. He explained his
professional told him that figure refers to money the City of Shorewood will pay to Oppidan when the
improvements are put in. He asked whoever heard of a bond where the holder of the bond pays interest to
the issuer of the bond. He thought that is unheard of; there is no such thing.
Mr. Greenfield stated from his vantage point the analogy between the deal with Oppidan and a bond is
ridiculous.
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
7. PARKS
8. PLANNING
A. Report by Planning Chair Davis on the August 2, 2016, Planning Commission
meeting.
Planning Chair Davis reported on matters considered and actions taken at the August 2, 2016, Planning
Commission meeting (as detailed in the minutes of that meeting).
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 3 of 10
B. Setback Variance
Applicant: Chris Hamdorf
Location: 26425 Arbor Creek Lane
Director Nielsen explained Chris and Amy Hamdorf own the property at 26425 Arbor Creek Lane. They
propose to build a 12 foot by 12 foot garden shed at the rear of their property about 5 feet from the rear lot
line. That necessitates about a 45 foot variance from the rear lot line. The property is zoned R-1A, Single-
family Residential and contains 40,620 square feet of area. The entire southeasterly corner is all drainage
and utility easement. Therefore, there is a very limited buildable area for a lot that size. There are the
normal 10 foot drainage and utility easements around the rest of the perimeter. The school yard at the
Minnewashta Elementary School is located to the south of the applicants’ property.
When staff initially spoke with the applicants about their proposal staff suggested the possibility of
locating the shed to the west of the existing sport court which would have met setbacks and been out of
the drainage and utility easements. After walking the site staff agreed that area is subject to storm water
flow. The proposed location for the shed is high and dry. The proposed location would have the shed
much farther from surrounding residences than if it were located west of the sport court.
Nielsen noted the Planning Commission thought the request met the practical difficulty criteria for
granting a variance and unanimously recommended approval of the setback variance.
Councilmember Sundberg asked if the area between the applicants’ property and the School is fenced.
Director Nielsen clarified it is.
Chris Hamdorf, 26425 Arbor Creek Lane, reiterated the proposed location of the shed is the highest area
of their yard as well as the driest area.
Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 16-062 “A Resolution Granting
Setback Variance for an Accessory Building to Chris Hamdorf, 26425 Arbor Creek Lane.” Motion
passed 5/0.
Discussion moved to Item 10.A on the agenda.
9. ENGINEERING/PUBLIC WORKS
A. Waterford Area Traffic Speed Study
This item was discussed after Item 10.B on the agenda.
Engineer Hornby noted the meeting packet contained a copy of a memorandum from him as well as a
copy of a speed study the Waterford Area Home Owners submitted a petition for. Speed data was
collected on Old Market Road and Waterford Place over a consecutive 48 hours period. The data shows
that between Old Market Road and Vine Hill Road vehicles generally traveled at the statutory speed of 30
miles per hour (mph) yet the posted speed was 25 mph. On Old Market Road south of Waterford Place
vehicles traveled at 32 miles per hour. On Old Market Road north of Waterford Place vehicles traveled at
36 mph. The speed traveled on the north side may have been higher because of the downhill slope. Old
Market Road is also posted at 25 mph.
The drivers exceeding the speed on Waterford Place generally do so between 6:00 – 8:00 A.M. Those
exceeding the speed on Old Market Road generally do so between 2:00 – 7:00 P.M.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 4 of 10
Hornby noted staff is asking Council to direct staff to contact the South Lake Minnetonka Police
Department (SLMPD) and request targeted speed enforcement during the times just mentioned and to
monitor the traveled speeds.
Mayor Zerby stated from his vantage point Council and staff are starting to refine a policy on how to
address some of the concerns residents have about traffic.
There was Council consensus to have staff contact SLMPD staff about targeted enforcement on
Waterford Place between 6:00 – 8:00 A.M. and on Old Market Road between 2:00 – 7:00 P.M.
B. Authorize the Expenditure of Funds for Communications Network and Installation
for Municipal Water System
Director Brown explained the City has four well houses, two water towers and a metering station that
should ultimately communicate with each other to ensure there are proper water levels and to ensure the
pumps get turned on when they are supposed to. If there is an issue on call staff should be notified in a
timely manner. The City uses leased phone lines from CenturyLink to communicate between the well
houses and water towers. There have been numerous issues with them. Over the last year one phone line
works sporadically and the technician has not been able to make it more reliable. The City has
traditionally relied on solutions which require special engineers and technicians called integrators that
typically come up with a tailor made solution. That is quite costly.
Staff researched off the shelf systems and came across one called Mission Communication Network. The
City of Deephaven uses that system. Staff at Deephaven had nothing but good things to say about the
system. Missions Communication’s system is very secure. It does online monitoring and control for the
water system.
Staff solicited proposals from three vendors for the Mission Communication Network. The low quote
received was from Tech Sales Company. for an amount of $29,571.40. The quote includes seven control
and transmitter stations, a three-year subscription service and a one-year parts warranty. The annual
subscription service cost is $3,943.80 per year and it is for four well houses, two water towers and an
underground vault. The City currently pays just over $11,000 in leased line costs annually. The City
integrator (aka Primex Controls) will be needed to help with the installation effort. The cost for that will
be on a time and materials basis not to exceed $16,000.
Brown noted staff recommends Council accept the proposal from Tech Sales in the amount of $29,571.40
and authorizing the installation by Primex Controls for a time and materials cost not to exceed $16,000.
Mayor Zerby stated he thought that this was important do to because water is a critical service the City
provides. He then stated the difference in the three quotes was less than $200 apart from lowest to highest.
From his perspective, he thought staff should decide which vendor has the best equipment. Director
Brown stated Tech Sales is a very well-known company, very reputable and it is local.
Siakel moved, Woodruff seconded, accepting the proposal from Tech Sales Company for a
communications network for the municipal water system for an amount not to exceed $29,571.40
and authorizing the installation by Primex Controls for a time and materials amount not to exceed
$16,000. Motion passed 5/0.
C. Authorize the Expenditure of Funds for Communications Network and Installation
for Sanitary Sewer System
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 5 of 10
Director Brown noted that this item is very similar to Item 9.B above except it is for the City’s wastewater
system. The major difference is this requires 15 control and transmitter stations for the City’s 15 Lift
Stations thereby costing more.
Brown noted staff recommends Council accept the proposal from Tech Sales in the amount of $58,696.00
and authorizing the installation by Primex Controls for a time and materials cost not to exceed $16,000.
He clarified the annual subscription service cost is $8,451.00 per year for the 15 Lift Stations
Councilmember Woodruff explained he thought that about eight years ago Public Works embarked on a
project to update the Lift Stations with the Superior Control and Data Acquisition (SCADA) System. He
thought part of that was to include a cellular communication capability and software that would allow
remote monitoring of the Lift Stations. He thought most of the Lift Stations had been upgraded. Based on
what he has read what is being proposed will replace what Public Works has done. He asked why the City
should do what is proposed.
Director Brown clarified that 6 of the 15 Lift Stations have modems in them and are therefore the only
ones online. He explained that each time the City gets an integrator involved they want to install a tailor
made solution. The integrators are slow to respond to issues. Since he joined the City there has been a
desire to have a uniform system for all 15 Lift Stations. He noted for both the water system and
wastewater system proposals he asked for quotes from the integrators. None were submitted. Staff then
chose to go with an off the shelf system.
Brown explained dollar amounts spent on the Lift Stations included electronic panel rehabs which will
still be needed. The communications system and model for alarming costs about $700 and that is
currently in 6 of the Lift Stations.
Councilmember Woodruff asked if it is correct that the replacement of the six already upgraded Lift
Stations will cost about $700 each. Director Brown confirmed that. Woodruff then stated the bulk of the
cost will be to upgrade those nine Lift Stations that have not yet been upgraded with a cellular
communications system. Brown clarified it would also be added to the other six. He explained the model
technology in the six Lift Stations will be phased out at the end of the year because it uses 2G technology
for the phone service. Woodruff stated the good news for him is the City does not have to get rid of the
controls technology in the six Lift Stations.
Director Brown noted the Mission Communication Network has an upgrade guarantee.
Councilmember Woodruff asked Director DeJong if the histogram for the Sewer Fund provided for the
work session preceding this meeting includes the cost for the sewer system. DeJong responded it was not
included. Woodruff noted there is money in the Sewer Fund to pay for that.
Mayor Zerby asked if both the water system and the sewer system will be on the same Mission
Communication Network. Director Brown responded yes.
Siakel moved, Labadie seconded, accepting the proposal from Tech Sales Company for a
communications network for the sanitary sewer system for an amount not to exceed $58,686.00 and
authorizing the installation by Primex Controls for a time and materials amount amount not to
exceed $16,000. Motion passed 5/0.
Mayor Zerby asked if this will be installed by the end of the year. Director Brown confirmed that.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 6 of 10
Discussion moved to Item 11.A.1 on the agenda.
10. GENERAL/NEW BUSINESS
A. South Lake Minnetonka Police Department 2017 Operating Budget
This was discussed after Item 8.B on the agenda.
South Lake Minnetonka Police Department (SLMPD) Chief Meehan explained that the SLMPD
Coordinating Committee reviewed a proposed 2017 Operating Budget during its July 13, 2016, meeting.
After a minor adjustment the Budget was recommended for approval to the SLMPD member City
Councils on a unanimous vote. The budget has already been approved by the Excelsior, Greenwood and
Tonka Bay City Councils.
He then explained the Committee has had discussions about the funding formula in the SLMPD Joint
Powers Agreement (JPA). That discussion will continue. There was an arbitration ruling in 2006 that
established the funding formula. The formula establishes the percentage of the funding for the operating
budget each member city has to pay. Since 2006 the funding formula has been reset twice. If an
amendment to the JPA was adopted to adjust the formula the member cities percentages could change for
2017. If the Committee recommends an amendment for adoption each member City Council would also
have to adopt the amendment.
Chief Meehan when on to explain the Committee has also had discussion about governance. The
discussion primarily centered on the possibility of Shorewood’s vote carrying more weight. That idea has
been presented to the member City Councils. It is his understanding the Tonka Bay and Greenwood
Councils are amenable to the idea. The Excelsior Council is waiting for some additional information from
SLMPD staff before discussing the idea. If the JPA was amended it would give Shorewood two of five
Coordinating Committee votes. Mayor Zerby had proposed that because Shorewood’s share of the
operating budget funding is approaching 50 percent he thought it would be fairer for Shorewood’s vote to
be worth more than the vote of each of the other three member cities.
Mayor Zerby complimented Chief Meehan for his efforts. He explained that was the first time since he
was a member of the Committee that the Committee recommended approval of an operating budget
during the same meeting it was first reviewed.
Zerby noted the 2017 Operating Budget includes restoring a position that has been vacant for a while.
Chief Meehan explained that prior to 2016 the SLMPD had 14 sworn officers. The 2016 budget was
approved after some cuts were made to the budget to help fund 15 sworn officers. The SLMPD’s 2017
Operating Budget reflects a 3.8 percent increase when compared to the adopted 2016 Budget. The
majority of that increase was for a wage increase that had been previously adopted by the labor
negotiating committee appointed by the Coordinating Committee. The remainder of the increase was to
restore some budget line items so that the fifteenth officer could be maintained.
Councilmember Woodruff stated he thought that during Chief Meehan’s almost one year tenure with the
SLMPD things have gone well. It appears that there has been willingness for the SLMPD to provide more
of the services the Shorewood Council has been asking for. He asked Chief Meehan to keep it up.
Chief Meehan stated the SLMPD has received an outpouring of support from all four SLMPD member
cities. He expressed his appreciation for that.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 7 of 10
Councilmember Siakel stated she appreciated being forwarded an email about the increased traffic
enforcement and results along Country Club Road.
Chief Meehan stated many times people do not see patrol officers when they are providing traffic
enforcement services. He noted he and SLMPD staff will make a concerted effort to keep the lines of
communication open.
Councilmember Siakel stated she has seen the speed display cart frequently along the portion of Birch
Bluff Road located in Tonka Bay. Chief Meehan noted the SLMPD deploys that on request. There have
been a lot of traffic concerns expressed about traffic along Birch Bluff Road and Pleasant Avenue in both
Shorewood and Tonka Bay, especially during the repaving of County Road 19. He stated if a
neighborhood wants the cart to put out he asked people to send SLMPD staff an email requesting that.
Sundberg moved, Woodruff seconded, approving the South Lake Minnetonka Police Department’s
2017 Budget as presented. Motion passed 5/0.
Mayor Zerby thanked Chief Meehan for coming.
B. Excelsior Fire District 2017 Operating Budget and Capital Improvement Program
Excelsior Fire District (EFD) Chief Gerber explained the EFD Board recommended a 2017 EFD Budget
that reflects about a 0.6 percent increase in the total budget and a 0.46 percent increase in the municipal
contribution when compared to the adopted 2016 Budget. The increase is not the same for each of the five
EFD member cities. The recommended total budget includes the operating expenses and revenues, a
$170,000 transfer to the capital fund, and bonded debt payments for the fire facilities. The bonded debt
payment in 2017 will be less than in 2016 due to the refunding of the bonds which resulted in an
approximate $21,900 reduction. He noted that starting January 1, 2017, the EFD will become a sales tax
exempt entity.
The EFD has three full-time staff. The cost for the administrative specialist petition is shared equally with
the City of Chanhassen. That job sharing has been a great opportunity for the EFD and Chanhassen and
for the administrative specialist. The Department has a part-time fire inspector for part of the year who
deals primarily with special event inspections. The heart and soul of the organization is the paid-on-call
(POC) volunteer firefighters.
The Department can have up to 50 POC firefighters. It continues to be increasingly difficult to recruit new
firefighters. The Department continues to promote its Duty Crew program. For 2016 there are eight duty
crew hours per week and there are 10 hours included in the 2017 budget.
He noted the greatest discussion has been about the potential replacement of Aerial 11. He explained the
plan is to a make a final recommendation to the EFD Board during its September 2016 meeting and to
make a recommendation to the member City Councils in September or October. The hope is to secure
approval to order the replacement aerial no later than November.
Gerber explained the total budget for the new aerial truck is about $862,000. That includes the truck,
equipment and financing costs. He expressed confidence that the total cost for any new aerial truck would
be within that budgeted amount. The individual three categories may vary but the actual total cost will be
equal to or less than the total budget. He noted the District keeps its trucks at least 20 years.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 8 of 10
Mayor Zerby asked how many of the member City Councils have approved the recommended budget.
Chief Gerber explained the Deephaven, Excelsior, and Greenwood Councils have approved the budget.
He will go before the Tonka Bay Council on August 10.
Councilmember Sundberg thanked Chief Gerber for his efforts. She also thanked the Fire Department for
its involvement with the 2016 Night to Unite. She stated the budget for the new aerial truck would cover
the purchase of the truck with the longest ladder which is 107 feet. She then stated she thought the truck
with the longer ladder would provide the opportunity to reduce property damage and possibly save lives.
She noted the needs of the EFD community have changed.
Chief Gerber stated he thought the aerial truck needs to be replaced. He thought 20 years is a long time in
the transportation industry.
Sundberg moved, Labadie seconded, approving the final recommended: Excelsior Fire District
2017 Operating Budget dated July 28, 2016; Excelsior Fire District 2017 – 2037 Capital
Improvement Program dated July 2016; and, Excelsior Fire District 2017 – 2037 Building Projects
Improvement Program dated July 2016 as presented. Motion passed 5/0.
Mayor Zerby thanked Chief Gerber for his efforts.
Chief Gerber thanked Council for its continued support of the EFD. He noted that in 2016 there were 31
Night to Unite events throughout the EFD member cities. At one point the Department had six fire trucks
out. He acknowledged that was possible because of the POC firefighters.
Discussion returned to Item 9.A on the agenda.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trail Schedule
This was discussed after Item 9.C on the agenda.
Mayor Zerby noted the meeting packet contains a copy of the updated Trail Schedule. He also noted that
Engineer Hornby is committed to trying to get the Smithtown Road east sidewalk extension substantially
completed by the time school starts.
Engineer Hornby explained since the August 5 executive session there has already been a schedule
change by the contractor. The contractor wants to try and start the pouring of the sidewalk this week.
Unfortunately, the weather forecast indicates there could be a lot of rain the later part of the week. Staff is
going send the updated information out to the residents. Door hangers were put out on Friday, August 5
sometime between 5:00 – 6:00 P.M. informing people that construction work was going to resume on
August 8. The City website had been updated thanks to Clerk Panchyshyn’s help and it will be updated
again. He noted the sidewalk work will prohibit access to residents’ driveways for 3 – 5 days. He noted
the contractor had a crew working earlier in the day.
Hornby noted the Galpin Lake Road walkway schedule had been updated to reflect that the City had
applied for federal funding. That project is on hold.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 9 of 10
Mayor Zerby stated he was pleased to see the contractor had people working on the project earlier in the
day. It appears that the project is back on track.
Other
Director Brown stated he has not heard of there being issues with the Tour de Tonka event on August 6.
Mayor Zerby stated he had read the email from a resident asking about tree trimming requiring a bucket
truck. He asked if the City has to rent a bucket truck.
Director Brown stated he thought there are about 16 trees in the City that require the use of a bucket truck
to trim or remove them. He had been told S&S Tree Services would start tree trimming work this week.
Councilmember Woodruff stated about a year ago a cottonwood tree out on Enchanted Island near
Enchanted Lane was striped. He asked if that is on the list for tree maintenance. Director Brown
confirmed that. Woodruff noted there is another tree near that one that is leaning over the roadway.
Mayor Zerby stated he saw Public Works staff out patching roadways. Director Brown clarified that
patching starts in April or May each year and noted there are two roadways left to patch before seal
coating begins. After that is done the crew can work on other roadways in the City to patch holes. After
that they work on special asphalt projects. And then it snows.
Engineer Hornby explained the paving for this year’s mill and overlay project has been completed. The
contractor will work on restoration. He noted that S&S Tree and Horticultural Specialists have written a
draft tree management plan. Next they will work with Director Nielsen on ordinances. After that they will
work on a private tree management plan. They hope to have a draft completed by the end of August.
Director DeJong stated he has been working with Joe Rigdon, with BerganKDV, on reconciling bank
statements and that should be done by the end of the month. He then stated it is difficult to find employee
wages for 1990. There are summary reports but not individual Public Works employee transaction
reports. Councilmember Siakel asked if there are any Public Works employees that worked for the City
26 years ago. DeJong stated Dan Randall and Joe Lugowski have been and noted that W2 information is
different than a person’s hourly wage.
Director Nielsen stated the work on the new playfield in Badger Park is moving forward. The contractor
was ready to put sand down on August 5 until it rained. A glitch has been identified in the project. The
intent had been to rewire one light pole for the field. When assessing that it was determined the wiring for
all four poles does not comply with the electrical code. Wire had been used that was not supposed to be
laid without conduit. Staff is seeking quotes for rerunning that wire. The new wire will be put in conduit
and then run around the field rather than across the field.
B. Mayor and City Council
Councilmember Sundberg noted that on Saturday September 10 and Monday September 12 the Excelsior
th
Fire Department is going to be celebrating its 125 Anniversary.
Councilmember Labadie stated she and Councilmember Siakel represented the City at the watershed
seminar the previous week. She thought it was going to be about invasive species. It ended up being about
how almost everything ultimately ends up impacting water bodies. Representatives broke into small
groups to discuss water issues in their cities. She and Siakel stated from their vantage point it was the use
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 8, 2016
Page 10 of 10
of water, the substandard roadways in the City and the trail system. It was interesting but it was not what
she expected.
Councilmember Siakel stated representatives from the Minnehaha Creek Watershed District (MCWD)
highlighted projects they had been involved with; projects she had heard about a number of times before,
Projects like the Cottage Park expansion in Hopkins, the Minnehaha Creek Methodist Hospital Re-
meander project, and the farm out west that was cleaned up to help improve the quality of Halsted Bay in
Lake Minnetonka. There was not much said about future projects. She heard them say they would like to
partner with cities on projects. She suggested inviting representatives to a meeting to review current and
future City projects and to find out if there is an opportunity to partner on them.
Councilmember Labadie stated MCWD representatives encouraged residents to apply for grants for
private projects such as landscaping along the lakefront or natural rain gardens or native vegetation.
Mayor Zerby noted that he has mentioned a drainage issue project that could be a project to partner on.
Zerby stated he had a chance encounter with a member of the Three Rivers Park District organization and
learned that the rectangular rapid flashing beacons (RRFBs) for the at gradecrossing of the Lake
Minnetonka LRT Regional Trail at County Road 19 are on back order.
Councilmember Woodruff stated he has had a couple of residents ask him about the search for a new city
administrator. He noted Council will be doing interviews before its next meeting. He thanked staff and
Councilmember Siakel for organizing the appreciation event which was a boat ride on Lake Minnetonka.
He thought people had a good time. Mayor Zerby noted it was a wonderful day for a boat ride.
Councilmember Siakel clarified that Clerk Panchyshyn and Communications Coordinator Moore did
most of the work.
Mayor Zerby encouraged residents to vote in the primary.
12. ADJOURN
Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of August 8,
2016, at 7:56 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
#2D
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL EXECUTIVE SESSION CITY HALL ROOMS
TUESDAY, AUGUST 16, 2016 12:00 PM
MINUTES
1. CONVENE CITY COUNCIL EXECUTIVE SESSION
Mayor Zerby called the meeting to order at 12:25 PM
A. Roll Call
Present:
Mayor Zerby; Councilmembers Labadie, and Woodruff; Police Chief Meehan; Fire Chief
Gerber; Administrator Joynes; Director of Public Works Brown; Planning Director
Nielsen; Finance Director DeJong and, City Clerk Panchyshyn.
Absent:
Councilmembers Siakel and Sundberg.
B. Review Agenda
Woodruff moved, Labadie seconded, approving the agenda as presented. Motion passed 3/0.
2. CITY ADMINISTRATOR SEARCH
Administrator Joynes reviewed the process for conducting Administrator interviews. The
interviewers included all in attendance with the exception of Administrator Joynes. At the
conclusion of the interviews, all met to briefly discuss the next steps. The executive session was
closed pursuant to Minn.Stat. 13d.05 and 13.43 subd. 3.
3. ADJOURN
Woodruff moved, Labadie seconded, Adjourning the City Council Executive Session of August 16,
2016, at 4:30 P.M. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Jean Panchyshyn, Recorder
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#3A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: August 22, 2016
Prepared by: Michelle Nguyen, Senior Accountant
Bruce DeJong, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
62791 - 62793 & ACH 25,692.86
62794 - 62871 & ACH 269,139.56
Total Claims $294,832.42
We have also included a payroll summary for the payroll period ending August 7, 2016.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents an
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may r
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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#3B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Resolution Electing To Not Waive Statutory Tort Limits for Liability Insurance
Meeting Date: August 22, 2016
Prepared by: Bruce DeJong
Reviewed by: Jean Panchyshyn
Attachment: Resolution
Policy Consideration:
Should the City waive the statutory tort limits, waive the limits and purchase excess liability coverage, or
waive the limits and not purchase excess liability coverage.
Background:
The City Council is required to annually pass a resolution indicating if they wish to waive or not waive
the monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. On
January 1, 2008 the statutory liability limits increased from $300,000 to $400,000 per claimant and from
$1,000,000 to $1,200,000 per occurrence.
If the city does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $400,000 on any claim to which the statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless
of whether or not the city purchases the optional excess liability coverage.
If the city waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,200,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would also be limited to $1,200,000, regardless of the number of claimants.
If the city waives the statutory tort limits and purchases excess liability coverage, a single
claimant could potentially recover an amount up to the limit of the coverage purchased. The
total which all claimants would be able to recover for a single occurrence to which the statutory
tort limits apply would also be limited to the amount of coverage purchased, regardless of the
number of claimants.
Financial or Budget Considerations
Waiver of the monetary limits will increase the likelihood of larger payouts which will increase insurance
costs.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
Options:
The City Council may choose to:
1.Accept the staff recommendation and not waive the limits as shown on the attached resolution.
2.Waive the statutory limits and do not purchase excess liability insurance coverage.
3.Waive the statutory limits and purchase excess liability insurance coverage.
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
Staff is proceeding with the regular insurance renewal process for the November 1 renewal date.
Connection to Vision / Mission:
This process contributes to sound financial management through proper insurance coverage.
CITY OF SHOREWOOD, MINNESOTA
RESOLUTION NO. 16-______
RESOLUTION ELECTING TO NOT WAIVE STATUTORY TORT LIMITS
FOR LIABILITY INSURANCE
WHEREAS
, pursuant to previous action taken, the League of Minnesota Cities
Insurance Trust has requested the City to make an election with regards to waiving or not
waiving its tort liability established by Minnesota Statutes 466.04; and
WHEREAS
, the choices available are to not waive the statutory limit, to waive the limit
but to keep insurance coverage at the statutory limit, or to waive the limit and to add insurance to
a new level;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHOREWOOD AS FOLLOWS
:
That the Shorewood City Council does hereby elect to not waive the statutory tort
liability limit established by Minnesota Statutes 466.04 and that such election is effective
until amended by further resolution of the Shorewood City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22nd day of
August, 2016.
ATTEST: Scott Zerby, Mayor
________________________________
Jean Panchyshyn, City Clerk
#3C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Selection of the Truth-in-Taxation Hearing Date
Meeting Date: August 22, 2016
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Bill Joynes, City Administrator
Attachment: Resolution
Policy Consideration: Adoption of this resolution will allow Shorewood to certify the Truth-in-Taxation
public hearing date to Hennepin County for inclusion on the Truth-in-Taxation property tax notices.
Background: The Truth-in-Taxation process to be followed this year is similar to years past. The
traditional date for cities to hold their Truth-in-Taxation hearing is the first Monday in December. The
attached resolution sets Monday, December 5, 2016 as the Truth-In-Taxation hearing date with a follow-
up hearing date at the next regular City Council meeting of December 12, 2016. Staff recommends
adoption of the resolution setting these dates for the truth-in-taxation hearings. If there are no changes
th
recommended for the budget, it can be adopted on December 5 and a memo and resolution will be
included in the packet for adoption on the hearing date. The meeting and adoption can be delayed to
th
the next meeting on December 12 if there are questions or changes required to the budget prior to
adoption.
Financial or Budget Considerations: This process allows residents an opportunity to provide input on
the budget and property tax levy.
Options:
The City Council may choose to:
1.Adopt the resolution and dates as presented.
2.Change the date and adopt the amended resolution.
Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution as
submitted.
Next Steps and Timelines: At the next budget meeting, staff will present the Capital Improvement Plan
and Enterprise fund budgets. The final budget, tax levy, capital outlay, enterprise fund, and CIP
adoption will occur in December after the Truth-in-Taxation public hearing is completed.
Connection to Vision / Mission: This process contributes to sound financial management through public
input into the tax levy and budget for desired city services.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 16-______
SELECTION OF THE TRUTH-IN-TAXATION HEARING DATE
WHEREAS
, Minnesota State law requires local governments to hold public hearings on
their proposed budgets and property tax levies; and
WHEREAS
, the customary date for the budget hearing is the first Monday in December;
and
WHEREAS
, it is in the spirit of full and open disclosure of the City’s financial condition to
provide as much information as necessary for the City Council and residents and property owners
to evaluate the budget;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1.The Truth-in-Taxation public hearing for property taxes levied in 2016,
collectible in 2017, is set for Monday, December 5, 2016.
2.A continuation date if necessary is set for Monday, December 12, 2016.
3. The Finance Director is hereby instructed to transmit a certified copy of this
resolution to Hennepin County for inclusion on the parcel specific notices to be
mailed in November.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22nd day of
August, 2016.
ATTEST:Scott Zerby, Mayor
____________________________________
Jean Panchyshyn, City Clerk
#5A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Oppidan – Request for Vacation of Drainage and Utility Easements
Meeting Date: 22 August 2016
Prepared by: Brad Nielsen
Attachments: Existing Drainage and Utility Easements
Draft Resolution
Policy Consideration: Should the City vacate existing drainage and utility easements on the property
being redeveloped as Shorewood Senior Living?
Background: In June of this year, Oppidan Investment Co. received final plat approval for its Shorewood
Senior Living project. As the developer now prepares to finalize the recording of documents, it has
requested that the City adopt a resolution vacating drainage and utility easements that have previously
been recorded against the property. Most frequently, platting of the property is sufficient to accomplish
this task, however, some lending institutions prefer a separate action by the City. The easements
proposed to be vacated are illustrated on the attached plan.
Staff has reviewed the request and recommends approval.
Financial or Budget Considerations: The developer will record the resolution (attached) at its expense.
Options: Adopt the attached resolution; modify the resolution; or deny the request.
Recommendation / Action Requested: The request is considered to be somewhat of a “housekeeping
measure”. The City’s interest is in the new easements being dedicated with the final plat. Staff
recommends approval.
Next Steps and Timelines: Upon approval by the Council the attached resolution will be recorded with
Hennepin County in conjunction with the legal documents for the project.
Connection to Vision / Mission: Quality public service.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
N
P
D
E
S
Prioritize Education Activities Within the City of
Shorewood
Areas without stormwater treatment
Curb and gutter
Areas discharging to water bodies that have degraded water
quality
IDDE–Educate the public on illicit discharge
Handouts, surveys, etc.
Partnerships–Education planning meeting
AnnualMeeting–One opportunity annually for public
input
Provide public notice of meeting to provide input on the SWPPP
Documentation of specific MCM 2 information
Ordinances–Adopt draft ordinance
Training–Complete training of all field staff in recognition
of illicit discharges
May be beneficial to complete the training in the early part of
Summer when all seasonal staff members are present
Detection–Look for during outfall inspections and during
routine activities (grass clippings, illegal dumping,
materials storage)
Ordinances–Adopt draft ordinance to comply with the
new permit coverage
Plan reviews and inspection–Plan reviews and
inspections required for all site 1 acre or greater
Ordinances–Adopt draft ordinance to comply with the
new permit coverage
New development no net increase in volume, TSS, TP from pre-
project conditions
Redevelopment net reduction of volume, TSS, and TP from pre-
project conditions
Long-term Maintenance–Develop post construction
regulatory mechanisms to allow Shorewood to conduct
inspections, perform maintenance, and assess costs to
maintain structural stormwater BMPs constructed after
the permit is in effect
SWAMP–Storm Water Asset Management Program
Inspections–Complete quarterly inspections for:
Structural Stormwater BMPs (annually)
Outfalls (once per 5 year permit term)
Ponds (once per 5 year permit term)
Stockpiles and Material Handling Areas (quarterly)
Training–Implement annual stormwater management
training program
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, AUGUST 2, 2016 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Davis called the meeting to order at 7:03 P.M.
ROLL CALL
Present: Chair Davis; Commissioners Bean, Johnson, and Maddy; Planning Director Nielsen; and,
Council Liaison Siakel
Absent: Commissioner Riedel
APPROVAL OF AGENDA
Maddy moved, Johnson seconded, approving the agenda for August 2, 2016, as presented. Motion
passed 4/0.
APPROVAL OF MINUTES
July 19, 2016
Bean moved, Maddy seconded, approving the Planning Commission Meeting Minutes of July 19,
2016, as presented. Motion passed 4/0.
1. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR A SIX-FOOT FENCE IN
FRONT SETBACK
Applicant: Rachel and Derek Dahlen
Location: 26000 Shorewood Oaks Drive
Chair Davis opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing. She
explained the Planning Commission is composed of residents of the City of Shorewood who are serving
as volunteers on the Commission. The Commissioners are appointed by the City Council. The
Commission’s role is to help the City Council in determining zoning and planning issues. One of the
Commission’s responsibilities is to hold public hearings and to help develop the factual record for an
application and to make a non-binding recommendation to the City Council. The recommendation is
advisory only. She stated this evening the Planning Commission is going to consider a conditional use
permit (C.U.P.) for a six-foot fence in a front setback for Rachel and Derek Dahlen, 26000 Shorewood
Oaks Drive.
Director Nielsen explained Rachel and Derek Dahlen, 26000 Shorewood Oaks Drive, have requested a
C.U.P. to construct a six-foot high, alternating board on board (shadowbox) fence across part of the front
of their property. The property is zoned R-1C, Single-Family Residential and contains 22,739 square feet
of area. Although their home orients to Shorewood Oaks Drive, the front of the lot is technically State
Highway 7 (for corner lots, the narrowest frontage on the street is the front). Highway 7 is an arterial
street. The proposed fence would be located across the Highway 7 portion of the applicants’ property. It
would be approximately 120 feet long and located 12 to 15 feet back from the right-of-way (ROW) of
Highway 7.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 2 of 7
Ordinarily a fence located within the front or side yard setback abutting a street is limited to four feet in
height. The Zoning Code was amended several years ago for properties abutting arterial streets to allow
fences up to six feet high.
He displayed a sample illustration of a fence and noted it was different than what the applicant submitted.
With regard to the analysis of the case, Nielsen noted Section 1203 Subd. 2.f. of the Zoning Code
prescribes criteria for granting a C.U.P. for allowing fences six feet high in the front setback. He reviewed
how the applicants’ fence would comply with the criteria.
1. The fence must be located at least eight feet from the front property line. This is intended to
provide space for landscaping. The proposed fence would be approximately 12 – 15 feet back
from ROW of Highway 7.
2. Landscaping in this case is provided entirely by existing vegetation. Existing trees and understory
brush will be maintained to soften the view of the fence as viewed from the roadway.
3. The location of the fence takes into account traffic visibility. An ample sight triangle exists at the
intersection of Shorewood Oaks Drive and Highway 7.
Nielsen noted that based on the analysis of the case staff recommends that the applicants’ request for a
C.U.P. be approved. The resolution approving the C.U.P. should state that the C.U.P. is valid as long as
the landscaping on the south side of the fence is maintained.
Derek Dahlen, 26000 Shorewood Oaks Drive, stated he and his wife want to put up a fence primarily for
safety reasons. He confirmed there is a fair amount of brush between where the fence would be located
and the road.
Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony
portion of the Public Hearing at 7:09 P.M.
Maddy moved, Johnson seconded, recommending approval of a conditional use permit for a six-
foot-high fence in the front setback for Rachel and Derek Dahlen, 26000 Shorewood Oaks Drive,
subject to the resolution approving the C.U.P. stating that the C.U.P. is valid as long as the
landscaping on the south side of the fence is maintained and to there being 3.5 inch spacing between
the boards. Motion passed 4/0.
Director Nielsen noted Council will consider this item during its August 22, meeting.
Chair Davis closed the Public Hearing at 7:10 P.M.
2. PUBLIC HEARING – SETBACK VARIANCE
Applicant: William and Melanie Keegan
Location: 25830 Birch Bluff Road
Chair Davis opened the Public Hearing at 7:10 P.M., noting the process will be the same as for the
previous item. She stated during this Public Hearing the Planning Commission is going to consider
variances for Willian and Melanie Keegan, 25830 Birch Bluff Road.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 3 of 7
Director Nielsen explained William and Melanie Keegan own the property at 25830 Birch Bluff Road.
The property is currently occupied by a single-family home with an attached garage and a small shed. The
property has 20,995 square feet of area; a standard area for the R-1C/S, Single-Family
Residential/Shoreland zoning district it is located in. The lot is only 60 feet wide making it
nonconforming. The Keegans propose to demolish the existing home on the lot and replace it with a new
one that complies better with zoning requirements. Their proposal requires three variances: 1) new
construction on a substandard lot; 2) a 10-foot variance to the side yard setback requirement; and 3)
impervious surface in excess of 25 percent.
The current home is nonconforming with respect to side yard setbacks and the amount of impervious
surface. The house is only 4.7 feet from the west lot line and 14 feet from the east lot line. The required
side yard setback is a total of 30 feet with no one side being less than 10. With respect to impervious
surface, the Code allows a maximum hardcover of 25 percent; the property is currently at 34.4 percent.
With regard to the analysis of the case, Nielsen noted Section 1201.03 Subd. 2.c.(3) of the Shorewood
Zoning Code prescribes criteria for building on a substandard lot of record (a lot that existed prior to
current zoning requirements and does not meet area or width requirements). He reviewed the criteria and
how the Keegans’ lot complies.
1. The lot must be in separate ownership from adjoining properties. The Keegans do not own the
lots on either side of theirs.
2. The lot must meet at least 70 percent of the width and area requirements for the zoning district in
which it is located. This requires a lot to be 70 feet wide and 14,000 square feet of area in the R-
1C zoning district. The subject property is 10 feet short of the 70-foot width requirement. It does,
however, comply with the minimum area requirement.
3. The proposed buildings must comply with the setbacks of the zoning district. The existing home
is only 4.7 feet from the west property line. The proposed home will be 10 feet from both side lot
lines, requiring a variance of 10 feet. Front and lake setbacks comply with the R-1C/S
requirements.
4. The floor area of structures cannot exceed 30 percent of the area of the lot. Total hardcover
cannot exceed 25 percent of the lot. Floor plans for the proposed home contain 4247 square feet
of floor area – 22 percent of the lot area. Proposed total hardcover (impervious surface) is 30
percent, versus the current coverage of 34.4 percent.
He then noted Section 1201.05 Subd. 2.b. of the Shorewood Zoning Code sets forth criteria for the
consideration of variance requests. The existing home could be enlarged by adding additional space above
the existing footprint of the home. This does not improve the property with respect to better conformance
with the Zoning Code.
He reviewed how the applicants’ request conforms to the criteria for variances:
1. Despite the substandard width of the lot, the applicants have designed the new home to improve
the property with respect to side yard setbacks and reduction of hardcover.
2. The applicants’ “practical difficulties” are not economic in nature, nor is it the result of their
actions. The lot and the existing home and garage existed prior to current zoning standards.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 4 of 7
3. Granting the variance does not confer any special privilege on the applicant that would be denied
to other properties. Similar consideration would be given to any owner who is willing to increase
the conformity of a substandard property to the extent proposed by this applicant.
4. The proposed home does not adversely affect the character of the existing neighborhood. Houses
on either side of the applicants’ have similar side yard setbacks. The applicants’ letter suggests
that the new home would be placed at essentially the average setback created by the two
adjoining properties. That is not reflected in the proposed site plan but it is highly recommended.
Moving the new structure back to the average setback line preserves the views of properties on
both sides of the subject property and should result in slightly less impervious surface since it
shortens the length of the driveway.
Earlier in the day the applicant did ask to be able to extend the new home a little bit forward of
the average. Currently the average would be 14 feet. The applicant asked that be pulled back to
10 feet instead of the 14 feet.
A graphic was distributed showing how the houses on the adjoining properties are situated. The
houses on the properties on either side of the applicants are wider than those of the proposed new
home.
The applicant did provide letters from the owners of the adjoining properties which indicated they
agreed with the house as it is shown (without pulling it back a little).
The plans for the new home include front and rear porches. As of now there are no plans for a
deck or patio. The area saved by moving the structure back could be allowed to be used for such
ground level features in the future, provided the total amount of hardcover on the site does not
exceed 30 percent.
5. The variance is the minimum necessary to make reasonable use of the property. The proposed
house and garage are very much in scale with the size of the existing lot.
Nielsen noted that based on the analysis of the case staff recommends approval of the lot width variance,
the hardcover variance, and the side yard setback variance.
Bill Keegan, 25830 Birch Bluff Road, thanked the Planning Commission for allowing him the
opportunity to speak. He stated Director Nielsen did a good job of describing the project. He noted they
have lived in their home for about four years and they had always intended to either remodel the house or
rebuild it. He explained he had reviewed plans with his neighbors.
Mr. Keegan offered to entertain questions from the Commissioners.
Chair Davis stated it was nice to have someone propose building a normal size house.
Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony
portion of the Public Hearing at 7:21 P.M.
Commissioner Bean stated what is being proposed is not atypical for what was done with platting long
before Shorewood became a City. Some interesting lots were created. He thought the applicants have
proposed a reasonable approach to building on a lot of that shape.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 5 of 7
Chair Davis asked Director Nielsen if he recommended pulling the west front corner of the house back to
the average setback. Director Nielsen responded not quite.
Mr. Keegan explained his neighbor to the west has his home 20 feet closer to the lake than his house is.
The neighbor to the east has his home 15 feet farther back. Two properties to the east of his the house is
20 feet closer to the lake than his. What he had proposed was to build the main part of the new house
where the old one is but add a porch on the front of it extending 14 feet closer to the lake. After
discussing things with Director Nielsen they agreed on moving it only 10 feet closer to the lake from the
existing structure.
Commissioner Johnson stated the applicant submitted three letters of support. He asked Mr. Keegan to
point out where those individuals lived. Mr. Keegan stated to two letters came from the owners of the two
properties to the west of his and the third from the owner of the property to the east. Commissioner
Maddy asked if they had supported the plans for the new structure being 14 foot closer to the lake. Mr.
Keegan confirmed that.
Chair Davis stated if it were her she would not want to move the house at all.
Bean moved, Maddy seconded, recommending approval of variance for new construction on a
substandard lot, a 10-foot variance to the side yard setback requirement, and an impervious
surface variance for William and Melanie Keegan, 25830 Birch Bluff Road, subject to the
applicants submitting a revised site plan which moves the new structure back ten feet from the
north end of the house to the west.
Director Nielsen noted Council will consider this item during its August 22, meeting.
Chair Davis closed the Public Hearing at 7:26 P.M.
3. PUBLIC HEARING – REZONE PROPERTY FROM R-2A, SINGLE AND TWO-
FAMILY RESIDENTIAL TO C-1, GENERAL COMMERCIAL (continued from July 19,
2016)
Applicant: John Benjamin
Location: 24250 Smithtown Road
Director Nielsen stated the applicant has asked that this continued hearing again be continued to the
Planning Commission’s September meeting and explained that each time it is continued the 60-day clock
is stopped.
Nielsen suggested the hearing be continued one more time.
Nielsen explained the Planning Commission has for a number of years chosen not to meet the day after a
Monday holiday. Labor Day this year falls on Monday September 5 and the first Tuesday of the month is
September 6. He asked if the Commission wants to meet on September 6 or move its meeting to
September 20 which is the third Tuesday of the month.
Commissioner Bean stated he could meet either day.
Commissioner Johnson stated his schedule toward the later part of September is going to be more hectic
because of his responsibilities with the Ryder Cup event.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 6 of 7
Commissioner Bean asked if the date has to be moved to September 20. Director Nielsen stated it could
be moved to a different date
Davis moved, Maddy seconded, moving the Planning Commission meeting from September 6 to
September 20. Motion passed 4/0.
Director Nielsen stated he will send the applicant a 120-day notice and inform the applicant that the
Planning Commission wants to make a recommendation on this request during its September 20 meeting.
Chair Davis opened the Public Hearing at 7:31 P.M., noting the hearing was continued from July 19, 2016
Bean moved, Davis seconded, continuing the Public Hearing for a request to rezone the property
located at 24250 Smithtown Road from R-2A, Single and Two-Family Residential to C-1, General
Commercial to the Planning Commission’s September 20, 2016, meeting. Motion passed 4/0.
Chair Davis closed the Public Hearing at 7:32 P.M.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. OLD BUSINESS / NEW BUSINESS
There was some discussion about the property that has been having short-term renters disrupting the
neighborhood.
6. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there is the continued public hearing from tonight regarding rezoning slated for
the September 20, 2016, Planning Commission meeting. There will also be the continuation of the Public
Hearing on an amendment to the City Code regarding short-term rental.
7. REPORTS
• Liaison to Council
Council Liaison Siakel stated she had not attended the July 25, 2016, Council meeting and therefore
cannot report on the items considered and actions taken during Council’s July 25, 2016, meeting (those
items are detailed in the minutes of that meeting).
Siakel then stated filing for office is open from August 6 through August 22. She noted the terms for
Councilmembers Sundberg and Woodruff and Mayor Zerby are up at the end of 2016. This is the first
time the mayor will be for a four-year term.
Siakel explained the City did advertise for the city administrator position. The time for taking applications
has closed. The Personnel Committee reviewed the resumes received and selected a few candidates that
appear to be a good fit for the City to interview.
Director Nielsen stated there was a lengthy discussion about the Smithtown Road east sidewalk extension
during Council’s July 25 meeting and how long it is taking to get the sidewalk completed (as detailed in
the minutes of that meeting).
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 2, 2016
Page 7 of 7
There was ensuring discussion about burying power lines with projects.
• SLUC
• Other
8. ADJOURNMENT
Davis moved, Bean seconded, adjourning the Planning Commission Meeting of August 2, 2016, at
8:45 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Keegan, Bill – Setback Variance, Variance to Build on Substandard Lot and
Impervious Surface Variance
Meeting Date: 22 August 2016
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s Memorandum
Revised Site Plan
Draft Resolution
Policy Consideration: Should the City grant variances to Bill Keegan to build a new home at 25830 Birch
Bluff Road?
Background: See attached Planning Director’s memorandum for detailed background on this item. The
Planning Commission held a public hearing on the application at its 19 July meeting, at which time the
Commission considered a revision to the initial request. After laying out the proposed home on the lot,
Mr. Keegan asked that the location of the new home be approved at 10 feet south of the north line of
the house to the west. This is illustrated on the attached aerial photo. The Planning Commission voted
to recommend approval of the variances as revised.
Financial or Budget Considerations: None. The applicant’s application fees cover the cost of processing
the request.
Options: Approve the variance; deny the variance; or modify the variance.
Recommendation / Action Requested: Staff agrees with the Planning Commission’s recommendation
to approve the request.
Next Steps and Timelines: If Council is in agreement, a building permit can be issued upon receipt of
construction drawings.
Connection to Vision / Mission: Sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
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Exhibit B
EXISTING SURVEY
July 5, 2016
City Council and Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Home Construction and Variance for 25830 Birch Bluff Road, Shorewood,lVLN
Dear City Council and Planning Commission Members:
This intent of this letter and the attached Zoning and Subdivision Application is to detail the proposed new home
construction for the Keegan residence located at 25830 Birch Bluff Road, Shorewood, MN and to request a variance to the
residential side yard setback requirements listed in Section 1201.26 S, Subd. 5 of the City of Shorewood (City) Zoning
Regulations. The proposed front and rear elevations, floor plans, lot layout, and proposed hardcover are shown on the
attached NRDI architectural drawings dated September 6, 2015. Also included with this application is a survey of the
property dated July 8, 2015 which details the existing conditions and tabulates the existing hardcover for the property.
Specifically, the variance being requested is only for the total side yard setback required, thirty feet (30'), and the home
would still meet the minimum required side yard setback of ten feet (10') on both sides of the property, resulting in a total
of twenty feet (20') of side yard setback for the property. The primary factor behind this request is the unique
configuration of this property, being only 60' in width but 330' in length, which without a variance, the side yard setbacks
would consume 50% of the property width making any new home limited to thirty feet (30') wide. Additionally, the
existing home is only four feet (4') from westerly property line which would be increased to ten feet (10') under the
proposal bringing the lot into conformance with the minimum side yard setback requirement. Finally, the proposed design
will decrease the hard cover for the property from 34.4% to 30% in an attempt to better conform to the city hard cover
requirements.
The specific criteria listed in the city zoning ordinance for variances are listed below followed by our responses.
Is the proposed variance a reasonable use of the property?
- The existing home is quite modest compared to other homes on the block and thus it is reasonable to improve the
house to be more consistent with the surrounding neighborhood;
- The proposed home would be a more reasonable use of the property as it would conform to the existing building
codes and fire codes as well as improve compliance with existing City ordinances - namely set back and hard
cover requirements;
- The location of the home on the lot, positioned near the lake end of the lot, is desirable and common for homes in
the Shoreline District to enjoy the full view and access of the lake. It's location on the lot meets the bluff and lake
setback requirements in the City ordinance and is also consistent with the neighboring home setbacks. The
proposed house would be set back farther from the lake compared to the home to the south and closer to the lake
compared to the home to the north roughly splitting the difference between the two for setback from the lake.
Are there circumstances unique to the property to justify the variance?
- The property is unique fiom other properties on the block due to how narrow and deep the lot is (60'x 330'). The
lot width is only sixty feet (60') wide, half of which would be required for setbacks. The narrowness of the
property causes unique building challenges which are the driving force behind the variance request;
- Without the variance request, any newly constructed home would be extremely narrow and inconsistent with the
other homes in the neighborhood. Exhibit C
APPLICANTS' REQUEST LETTER
Have the circumstances requiring the variance been caused by the property owner(s)?
- The width of the lot was not caused by any of the property owners. However, the current side yard setback of
four feet (4') was caused by a previous property owner and the proposed design would eliminate this non-
conformance by increasing it to a ten foot (10') setback.
Is the proposed use consistent with the zoning code and comprehensive plan?
- The proposed construction is consistent with the current City zoning ordinances for General Development (GD) in
the Shoreland District and comprehensive plan for the area to be developed as residential property. The proposal
will increase the existing side yard setbacks and decrease the existing hard cover on the property.
Does the variance alter the essential character of the area?
- The proposed home would not alter the character of the surrounding area but rather would improve it to be more
consistent with the surrounding property uses. Currently, the home is one of the lowest valued homes in the
neighborhood and the new construction would have a value more consistent with other Shoreland District homes
in the neighborhood.
Does the existing ordinance create a practical difficulty in achieving the manner of use?
The existing ordinance creates undue hardship for the enjoyment and use of a typical lakefront property given that
the total setback requirements would consume 50% of the lot width leaving an extremely narrow home, only
thirty feet (30') wide. Additionally, given the depth and narrowness of the lot, a sprinkler system will be required
to meet the City fire code on a home size that would not otherwise require a sprinkler system. This additional
cost of construction is a significant detriment to the development of a new home if the home can only be 3 0'
wide. These aspects are unique to this property which will not create a precedent for other properties in the future
unless they are similarly narrow and deep, which very few are.
In summary, the proposed design and layout for the property will decrease the total hardcover by 4.4 %, increase the
existing side yard setback from four feet (41) to ten feet (10') while maintaining the minimum side yard setbacks of ten
feet (10') on both sides of the lot, and make the property more consistent with the essential character of the neighborhood.
We have met with the immediate neighbors on the project and they are supportive of our efforts to invest in and improve
the property as can be seen by the attached letters of support. Finally, the proposed variance will increase the conformity
of the property to the existing building and fire codes. We appreciate your time and consideration of this variance request
and are available to provide any additional information or answer any questions you may have regarding the project.
Sincerely,
William an Melanie Keegan
25830 Birch Bluff Road
Shorewood, MN 55331
612 - 845 -5075
Cc: Brad Nielsen, Planning Director
Attachments
- Zoning/Subdivision Application Form & Fee
- Architectural Drawings dated 9 -6 -16;
- Property Survey dated 7 -8 -15;
- Mailing list of property owners within 500 feet;
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Exhibit F
AVERAGE SETBACK
July 5, 2016
City Council and Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Home Construction and Variance for 25830 Birch Bluff Road, Shorewood, MN
Dear City Council and Planning Commission Members:
This intent of this letter is to inform you that we are supportive of the proposed new home construction and
variance to the side yard setbacks for the Keegan residence located at 25830 Birch Bluff Road, Shorewood, MN
as shown on the NRDI plans dated September 6, 2015.. We have met with the Keegan's and we understand that
variance being requested is to the total side yard setback required, thirty feet (30'), and that the minimum
required side yard setback of ten feet (10') will still be met on both sides of the property, resulting in a total of
twenty feet (20') of side yard setback for the property. Further, we understand that the hard cover for the
property is being reduced from 34.4% to 30% as a result of the reconstruction project.
Sincerely,
Name(s):
1� � 4s-IA W,14D
Address: P b k 44 �AK1)
Signature:
tlu6lo - L , 4
6 V �N
Cc: Brad Nielsen, Planning Director
July 5, 2016
City Council and Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Home Construction and Variance for 25830 Birch Bluff Road, Shorewood, MN
Dear City Council and Planning Commission Members:
This intent of this letter is to inform you that we are supportive of the proposed new home construction and
variance to the side yard setbacks for the Keegan residence located at 25830 Birch Bluff Road, Shorewood, MN
as shown on the NRDI plans dated September 6, 2015. We have met with the Keegan's and we understand that
variance being requested is to the total side yard setback required, thirty feet (30'), and that the minimum
required side yard setback of ten feet (10') will still be met on both sides of the property, resulting in a total of
twenty feet (20') of side yard setback for the property. Further, we understand that the hard cover for the
property is being reduced from 34.4% to 30% as a result of the reconstruction project.
Sincerely,
Name(s): -X• I • I�R�t)&e
Address:
Signature:
Cc: Brad Nielsen, Planning Director
July 5, 2016
City Council and Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposed Home Construction and Variance for 25830 Birch Bluff Road, Shorewood, MN
Dear City Council and Planning Commission Members:
This intent of this letter is to inform you that we are supportive of the proposed new home construction and
variance to the side yard setbacks for the Keegan residence located at 25830 Birch Bluff Road, Shorewood, MN
as shown on the NRDI plans dated September 6, 2015.. We have met with the Keegan's and we understand that
variance being requested is to the total side yard setback required, thirty feet (30'), and that the minimum
required side yard setback of ten feet (10') will still be met on both sides of the property, resulting in a total of
twenty feet (20') of side yard setback for the property. Further, we understand that the hard cover for the
property is being reduced from 34.4% to 30% as a result of the reconstruction project.
Sincerely,
Name(s): %d A//O L D 2" OaWZ5 oW�,V&l
Address: CRS ��0 Arz( fw 41L4/F/C Iz
Signature
SX,,W- t Ja 6f7, /,14 SS33 /
Cc: Brad Nielsen, Planning Director
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CITY OF SHOREWOOD
RESOLUTION NO. 16-____
A RESOLUTION GRANTING SETBACK AND HARDCOVER VARIANCES AND A
VARIANCE TO BUILD ON A SUBSTANDARD LOT
TO WILLIAM AND MELANIE KEEGAN
WHEREAS
, William and Melanie Keegan (Applicants) are the owners of real property
located at 25830 Birch Bluff Road, City of Shorewood, legally described as:
“The West 22 feet of Lot 11 and that part of Lot 12 lying east of a line parallel with and
94 feet East as measured at right angles from the West line of Lot 13, Birch Bluff Upper
Minnetonka, Hennepin County, Minnesota”; and
WHEREAS
, the Applicants have an existing single-family dwelling, which dwelling is
located only 4.7 feet from the west lot line and 14 feet from the east lot line; and
WHEREAS
, the Applicants propose to demolish the existing home and build a new home
which would be located 10 feet from both side lot lines of the subject property; and
WHEREAS,
the Applicants have requested a variance to build on a substandard lot, a
setback variance and a variance to the impervious surface requirements of the R-1C/S, Single-
Family Residential/Shoreland zoning district; and
WHEREAS
, the Applicants’ request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 28 July 2016, a copy of which is on file at
City Hall; and
WHEREAS
, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 2 August 2016, the minutes of which
meeting are on file at City Hall; and
WHEREAS
, the City Council considered the application at its regular meeting on 22
August 2016, at which time the Planner’s memorandum and the Planning Commission’s
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1.The subject property is located in an R-1C/S, Single-Family Residential/ Shoreland
zoning district, which requires a total side yard setback of 30 feet with neither side less than 10
feet.
2.The subject property is substandard in lot width, having only 60 feet of width
where 100 feet is required.
3. The subject property contains 20,995 square feet of area.
4. The Applicants propose to construct a new home located 10 feet from the west
side and 10 feet from the east side of the lot.
5. The property currently has 34.4 percent of hardcover, whereas 25 percent is the
maximum for the Shoreland District. The Applicants’ plan proposes 30 percent impervious
surface.
CONCLUSIONS
1. The Applicants have satisfied the criteria for the grant of variances under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
2.Based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance, a variance for impervious surface and a variance to build on a substandard lot,
subject to the following conditions:
a.The proposed home shall extend no farther north than 10 feet south of the north
building line of the lot to the west of the subject property.
b. Impervious surface on the subject property shall not exceed 30 percent of the lot
area.
3. The City Clerk is hereby authorized and directed to provide a certified copy of this
resolution for filing with the Hennepin County Recorder or Registrar of Titles.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22 day of
August 2016.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
-22-
#8B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Dahlen, Rachel and Derek – C.U.P. for Six-Foot High Fence in Front Yard
Meeting Date: 22 August 2016
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s memorandum, dated 29 July 2016
Draft Resolution
Policy Consideration: Should the City grant a conditional use permit (C.U.P.) to Rachel and Derek
Dahlen for a six-foot high fence in the front yard of their property abutting Highway 7?
Background: See attached Planning Director’s memorandum for detailed background. The Planning
Commission voted unanimously to recommend approval of the C.U.P., subject to the applicants
maintaining the existing vegetative cover on the south side of the lot.
Financial or Budget Considerations: The application fee paid by the applicants is adequate to cover the
City’s cost in processing the request.
Options: Approve the request as recommended by the Planning Commission; deny the request; or
approve the request with modified conditions.
Recommendation / Action Requested: Staff recommends approval of the request as recommended by
the Planning Commission.
Next Steps and Timelines: The applicants must obtain a zoning permit for construction of the fence.
Connection to Vision / Mission: Healthy environment.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
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Scale: Exhibit B
I hereby certify that thii PROPERTY SURVEY
representation of a sun
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a proposed house.
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CITY OF SHOREWOOD
RESOLUTION NO. ______
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR A SIX-FOOT FENCE IN FRONT YARD
WHEREAS
, Rachel and Derek Dahlen (Applicants) are the owners of real property
located at 26000 Shorewood Oaks Drive, in the City of Shorewood, legally described as:
“Lot 4, Block 3, Shorewood Oaks, Hennepin County, Minnesota”; and
WHEREAS
, the Shorewood City Code requires a Conditional Use Permit for the
construction of fences taller than four feet in front yards in residential zoning districts; and
WHEREAS
, the Applicants have applied to the City for a Conditional Use Permit for the
construction of a six-foot high fence within the front yard setback area of their property; and
WHEREAS
, the Applicants’ request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
29 July 2016, which memorandum is on file at City Hall; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 2 August 2016, the minutes of
which meeting are on file at City Hall; and
WHEREAS
, the Applicants’ request was considered by the City Council at its regular
meeting on 22 August 2016, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in a R-1C, Single -Family Residential zoning
district and contains approximately 22,739 square feet of area.
2. The south boundary of the property abuts State Highway 7, which is designated as
an arterial street in the Shorewood Comprehensive Plan.
3. The proposed fence will be located approximately 12 - 15 feet from the front
property line abutting the Highway.
4. The Applicants propose to maintain existing trees and understory brush along the
south side of the fence to mitigate the visual impact of the fence.
CONCLUSION
A. The application of Rachel and Derek Dahlen for a Conditional Use Permit as set
forth herein above be and hereby is granted.
B. That this approval is subject to the following:
1. The applicants shall maintain the existing vegetation as landscaping on the
south side of the fence, replacing any plants that are damaged or destroyed
in the future.
2. The Conditional Use Permit is valid as long as the landscaping is
maintained.
C. The City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder
or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD
this 22nd day of
August 2016.
SCOTT ZERBY, MAYOR
ATTEST:
JEAN PANCHYSHYN, CITY CLERK
-2-
#9A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Water Service Expansion Agreement (City of Excelsior) for the MCES Lift Station L-18
Relocation Site
Meeting Date: August 22, 2016
Prepared by: Paul Hornby, City Engineer
Reviewed by:
Attachments: Excelsior-Shorewood Water Service Expansion Agreement (MCES L-18 Site)
Policy Consideration: Should the City of Shorewood enter into a Water Service Expansion Agreement
with the City of Excelsior to provide water service to the MCES L-18 Lift Station Site?
Background: The City of Shorewood recently approved a Conditional Use Permit (CUP) for the
Metropolitan Council Environmental Services (MCES) relocation of their lift station L-18 at the
rd
northwesterly corner of Christmas Lake Road and 3 Avenue. The MCES has requested City water for
the new L-18 building, primarily for a restroom and general cleaning of the facility. The approved CUP
includes provisions for the extension of a water service from the City of Excelsior.
Staff has worked with the City of Excelsior to develop a water service agreement for the new MCES site,
which is enclosed for Council consideration. The MCES facility would include the extension of a water
rd
service from the Excelsior boarder parallel with the 3 Avenue right of way line to the site. The water
meter will be an Excelsior meter and billing for use will be by the City of Excelsior.
The City of Excelsior would also like to work with the City of Shorewood to update the current water use
service agreement to be similar to this agreement for the MCES service extension.
Financial or Budget Considerations: The MCES will bear the costs of the water service extension,
connection fee (to Excelsior) and ongoing water use fees at the established non-resident rate.
Recommendation / Action Requested: Staff recommends approval of the Excelsior-Shorewood Water
Service Expansion Agreement for the MCES L-18 facility, 21445 State Highway 7, Shorewood, Minnesota.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
EXCELSIOR-SHOREWOOD
WATER SERVICE EXPANSION AGREEMENT
For __________________, Shorewood, Minnesota
THIS WATER SERVICE EXPANSION AGREEMENT approved on the _th day of August 2016 is entered
into by and between the CITY OF EXCELSIOR, MINNESOTA, a municipal
CITY OF SHOREWOOD, MINNESOTA, a municipal Shorewood
RECITALS
Excelsior has an established water treatment plant, water tower, and distribution system and has previously
extended water service beyond its borders into portions of Shorewood.
Shorewood has asked Excelsior to extend additional water service to serve a property along Third Avenue in
Shorewood as illustrated on Exhibit A (hL18 (L18L18SEA)).
Excelsior is willing to extend water service into the L18SEA.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Purpose. The parties adopt the Recitals above set forth as if restated herein.
2. L18SEA Project Description. In conjunction with the 2016-2017 Metropolitan Council Lift Station L18, MCES Project
802855, Excelsior will extend from the existing watermain a 1 ½ - inch water service along Third Avenue in Shorewood
from the existing terminus, located approximately 400 feet west of Christmas Lake Road, to the L18 Lift Station site and
proposed building (as schematically shown on Exhibit A). Extension of the service shall include installation of curb stop
shut off valve(s) on the right of way line.
L18SEA Project Cost shall include the cost of installation of 400 feet of 1 ½-inch water service to serve 1 property.
Shorewood agrees to require all L18SEA Project Costs to be the responsibility of the Metropolitan Council as the property
owner. The service installation is to be performed by Metropolitan Council authorized contractors and overseen by
authorized construction agents of the Metropolitan Council. All construction related to the water service extension shall be
conducted to City of Excelsior standard specifications, standard details, and construction requirements.
3. Term. The term of this Agreement shall run from the date hereof until Excelsior serves a Notice of L18SEA Project
Completion, certifying that all planned and related change orders for the construction of the L18SEA improvements and
restoration of public right of way disturbed during L18SEA construction is complete; provided that, in the event Shorewood
serves written objection, within thirty (30) days, identifying matters yet to be completed, this Agreement and its terms shall
not terminate but shall continue in effect until the identified issues are resolved. In the event of impasse thereon, any
unresolved issues shall be referred to mediation as provided below, provided, however, that in no event shall any
Shorewood objections to Notice of L18SEA Project Completion be cause for Excelsior to delay or refuse connection of
Shorewood properties to the L18SEA service and Excelsior Municipal Public Waterworks or provision of service to same.
4. Relationship of the Parties. Excelsior and the Shorewood are independent separate municipal corporations.
5. Excelsior Water System. Excelsior owns and operates the Excelsior Municipal Public Waterworks (EMPW) which
includes existing water service infrastructure that extends into Shorewood. Shorewood acknowledges and agrees that it
does not own the existing water service infrastructure in place in Shorewood and that this Agreement will not provide
Shorewood an ownership interest in such or in the water service infrastructure being installed as part of this L18SEA
Project.
6. Cooperation. Each party shall authorize and direct their city engineers to work together as needed to cause the
planned L18SEA improvement to move forward in a timely manner as construction, bonding, public notice and legal
processing may reasonably require.
7. Service Connections and Water Meters. Subsequent to the installation of the system, at time of connection, the
Metropolitan Council as the property owners abutting the water service extension shall be responsible for paying to
Excelsior a water connection fee and a water meter purchase fee. Said fees shall be at the same rates as Excelsior
charges like properties within Excelsior. To aid periodic water meter inspection, Shorewood, in consultation with Excelsior,
shall adopt ordinances as needed to empower EMPW inspectors to access Shorewood residential properties within the
L18SEA serviced by the EMPW for periodic inspection and periodic replacement of water meters as deemed necessary
by Excelsior, including inspection for leaks or diversion of water. Ordinances deemed necessary by Excelsior in support
of its EMPW services may be proposed to Shorewood and the two parties shall work in good faith to reach mutual
agreement on the text of related ordinance/regulation and Shorewood shall adopt same in due course.
8. Maintenance and Repairs. As per Excelsior ordinance, it shall be the obligation of the Metropolitan Council, or that of
the current owner of the property served to maintain and keep in operating order all water service pipes and shut off
boxes located between the city water main and the private premises served thereby. In the event of failure on the part of
any owner to meet their obligation to maintain or repair their service pipe or shut off box, between the main and its
termination on the premises, within 24 hours of verbal or written notice, the water may be turned off at or near the main. If
there is, in the opinion of the public works superintendent or his authorized representatives, a great waste of water or
likely damage to ensue from the leak, the water may be turned off if repairs are not commenced immediately upon service
of the notice. Any cost to the city involved in shutting off the water service due to the maintenance or repair shall be borne
by the property owner and billed to him. If charges are not paid, the charges may be assessed by Shorewood against the
property in the same manner as a delinquent water bill and reimbursed to Excelsior.
All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the
premises served. In the event of an emergency or a failure by the owner of the premises served to repair a service pipe or
shut off box as directed in the paragraph above, Excelsior may repair service pipes and, if this is done, the cost of such
repair work shall be repaid to the municipality by the owner of the premises served. Delinquent charges for repairs may be
certified to the county auditor with taxes against the property served for collection as other taxes are collected by
Shorewood and reimbursed to Excelsior.
9. Public Right-of-Way Access. For the term of this Agreement, Shorewood grants to Excelsior a continuing construction
easement for access to all public right-of-ways necessary for installation of the water service associated with this L18SEA
project.
10. L18SEA Project Mediation. In the event of a lack of agreement on a construction related issue or an issue identified by
Shorewood in written objection to Notice of L18SEA Project Completion, the parties agree to refer the matter to L18SEA
Project mediation on demand of either party. Mediation shall commence within thirty days of demand. Mediation shall be
conducted at a neutral non-public location. The mayor of each city and up to one additional council member shall attend
and such other advisers and consultants as each city determines beneficial may also attend. Separate meeting rooms for
each city are appropriate. The mediator shall be selected by mutual agreement of Excelsior and Shorewood. Efforts shall
be made to use a retired Judge of District Court or AIA certified architect or civil engineer trained in mediation as the
mediator. The city engineers may attend to answer questions and mutually inform the city representatives and mediator. .
11. Remedies. In the event the cities cannot reach an agreement through mediation pursuant to paragraph 10 above, the
cities are free to pursue any remedies available at law or equity including application to the Hennepin County District
Court for reliefL18SEA.
12. Mediation Fees and Costs. Each city shall bear its own costs of mediation as needed or incurred hereunder without
right of contribution from the other. The cities shall share equally all fees and expenses of the mediator.
13. Legal Costs. Each party shall bear their own legal expenses and costs associated with the drafting and implementing
of this agreement and as otherwise incurred during the term of this agreement without right of contribution from the other
City.
14. Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by
United States certified mail, return receipt requested, as follows:
If to Excelsior: City Clerk, City of Excelsior, 339 Third Street, Excelsior, MN 55331.
If to Shorewood: City Clerk, City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331
Each party shall have the right from time to time to change the place notice is to be given under this paragraph by written
notice thereof to the other party.
Excelsior-Shorewood Water Service Expansion Agreement
2
15. Bonding and Insurance. Neither city shall be obligated to bond for any improvements to the EMPW system, but may
elect to do so and make act independently of each other. Each party shall be solely responsible for all bond related
consulting fees and costs associated therewith without right of contribution from the other city; provided that to the extent
that said bond, related fees and costs, are part and parcel of the initial improvement costs, they may be included in the
feasibility study for any proposed improvement and generally or specially assessed. To the extent that such costs or fees
are attributable to day-to-
costs and support adjustments by Excelsior to its EMPW service fees for all customers.
16. Amendment. This Agreement may be amended only in a written instrument signed by all parties setting forth the
nature of such amendment or waiver and the specific intent to so amend their way.
17. Enforcement. Enforcement of this Agreement shall be by any proceeding at law or in equity against the party violating
or attempting to violate any covenant or restriction either to restrain an alleged violation or to recover damages.
18. Interpretation and Effect. This Agreement sets forth the entire agreement between the Cities with respect to the
EMPW and supersedes and revokes all prior negotiations, discussions, representations, understandings, and agreements
between the cities with respect to same. This agreement shall bind and run to the benefit of the Cities and their
successors and assigns. Any invalidation of any one or more of these covenants and restrictions by judgment or court
order shall in no way affect any other provision of this Agreement, which shall remain in full force and effect. This
agreement is executed and shall be governed by, and construed in accordance with, the provisions and laws of the State
of Minnesota. Headings in this agreement are for reference only and shall not be deemed to alter the interpretation of any
provisions of this agreement.
IN WITNESS WHEREOF
, the parties have entered into this agreement as of the date and year first above written.
Dated: ________________________ CITY OF EXCELSIOR
A Municipal Corporation
____________________________________
By Mark Gaylord, Mayor
Attest: ______________________________
Kristi Luger, City Manager
Dated: ________________________ CITY OF SHOREWOOD
A Municipal Corporation
____________________________________
By Scott Zerby, Mayor
Attest: ______________________________
Jean Panchyshyn, City Clerk
Excelsior-Shorewood Water Service Expansion Agreement
3
CITY OF SHOREWOOD
RESOLUTION NO. 16 -___
A RESOLUTION ENTERING INTO A WATER SERVICE EXPANSION
AGREEMENT WITH THE CITY OF EXCELSIOR
METROPOLITAIN COUNCIL ENVIRONMENTAL SERVICES L-18 FACILITY
21445 STATE HIGHWAY 7, SHOREWOOD MINNESOTA
WHEREAS
, The City approved a conditional use permit (CUP) to the
Metropolitan Council Environmental Services (MCES) for the construction and relocation
of their lift station L-18 facility; and
WHEREAS
, the MCES has requested extension of a water service to serve the L-
18 facility; and
WHEREAS
, the CUP provides for the extension of a water service to MCES L-
18 facility site; and
WHEREAS
, the City of Excelsior has agreed to expand non-resident water
service for the MCES L-18 facility site in the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Clerk are hereby authorized and directed to adopt
the resolution entering into a water service expansion agreement with the City of Excelsior
to extend a water service to the MCES lift station L-18 facility site located at 21445 State
Highway 7, Shorewood, Minnesota.
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
nd
this 22 day of August, 2016.
____________________________
Scott Zerby, Mayor
ATTEST:
______________________________
Jean Panchyshyn, City Clerk
#9B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Smithtown Road East Sidewalk Extension Project, City Project 14-10
Resolution Approving Work Order 2
Meeting Date: August 22, 2016
Prepared by: Paul Hornby
Reviewed by:
Attachments: Work Order 2 and Resolution Approving Work Order 2
Background:
On August 24, 2015, the City Council accepted bids and awarded the Smithtown Road East Sidewalk
Extension Project to S. M. Hentges & Sons, Inc. During the progression of construction, safety of the
traveling public was a concern due to the drop off from the edge of the existing bituminous pavement
(12 inches in most areas). Additionally, it was observed that Smithtown Road is exhibiting “rutting”
within the drive lanes (made apparent during a recent rain event). As a result, additional material and
construction work were necessary to provide safety to the traveling public and accommodate drainage
from the roadway to the newly installed curb.
S. M. Hentges & Sons, Inc. has submitted a work order detailing the additional work items which have
been reviewed by staff and MnDOT with regard to the work scope and additional costs, and recommend
approval. MnDOT reviews all work orders, change orders, and supplemental agreements on State
funded projects.
Staff and Council previously discussed the project schedule and construction costs associated with this
Work Order at an Executive Session on August 5, 2016.
Financial or Budget Considerations:
The project construction contract as bid was awarded by the Council in the amount of $769,873.00. The
total for Work Order 2 is $85,805.00.
Work Order No. 1 was previously approved by Council increasing the contract amount to $773,239.00.
Work Order No. 2 will increase the contract amount to $859,044.00. Work orders to date have
increased the contract approximately 11.5%.
Recommendation / Action Requested:
Staff recommends approval of the enclosed Resolution 16- Approving Work Order 2. Payment for
this work order will be made under payment request 6 at the second meeting of the Council in
September.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 16 -___
A RESOLUTION APPROVING WORK ORDER 2 FOR
THE SMITHTOWN ROAD EAST SIDEWALK EXTENSION PROJECT
CITY PROJECT 14-10
WHEREAS
, THE City of Shorewood Council awarded the contract for the construction
of sidewalk along the south side of Smithtown Road located between the Lake Minnetonka
Reginal Trail (LRT) and Country Club Road to S. M. Hentges, Inc. of Jordan, Minnesota; and
WHEREAS
, Change Order No. 1 was necessary to construct the improvements and
associated work previously recommended by staff and approved by the City Council; and
WHEREAS
, Change Order No. 1 increased the project construction costs in the amount
of $3,366.00, from the original contract amount of $769,873.00 to $773,239.00; and
WHEREAS,
Work Order 2 is necessary to provide safety to the traveling public along
Smithtown Road (east bound traffic) and accommodate road drainage to the newly installed
concrete curb and gutter currently impacted due to “rutting” within the travel lane along
Smithtown Road and associated work; and
WHEREAS,
Work Order 2 will increase the project construction costs in the amount of
$85,805.00, to $859,044.00;
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. Work Order 2 in the total amount of $85,805.00 is hereby approved.
nd
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
this 22
day of August, 2016.
___________________________________
ATTEST: Scott Zerby, Mayor
___________________________________
Jean Panchyshyn, City Clerk
#10A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Adoption of the Preliminary 2017 General Fund Operating Budget and Tax Levy
Meeting Date: August 22, 2016
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Bill Joynes, City Administrator
Attachment: Resolution
Policy Consideration:
Adoption of this resolution will allow Shorewood to certify the preliminary levy to Hennepin County for
inclusion on the Truth-in-Taxation property tax notices.
Background:
By statute, the City Council must approve a proposed budget and property tax levy by September 30.
The 2017 General Fund budget has been prepared in accordance with council recommendations from
the August 8 Council meeting with a 2.0% total levy increase. The budget for revenues and expenditures
may be changed up or down through December. However, the levy amount set at this point is a cap
which cannot be increased. Final adoption of the budget and levy occur in December after parcel-
specific Truth-in-Taxation notices are mailed to each property owner in November.
Financial or Budget Considerations:
The adoption of this resolution does not commit the City Council to any specific budget levels other than
the maximum amount of property tax revenue that may be levied for2016.
Options:
The City Council may choose to:
1.Adopt the preliminary budget and levy as presented.
2.Make any additional changes desired and adopt the amended budget and levy.
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
Staff will present the Capital Improvement Plan and Enterprise fund budgetsas anticipated on the
adopted budget schedule. The final budget, tax levy, capital outlay, enterprise budgets, and CIP
adoption will be adopted in December after the Truth-in-Taxation public hearing is completed.
Connection to Vision / Mission:
This process contributes to sound financial management by providing financial resources to pay for
desired city services.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 16-____
ADOPTING THE PRELIMINARY 2017 GENERAL FUND
OPERATING BUDGET AND TAX LEVY
WHEREAS
, City staff have presented the preliminary 2017 budget and tax levy at work
sessions in July and August; and
WHEREAS
, the City Council has reviewed the budget and tax levy and made
modifications to each that reflect desired community service levels; and
WHEREAS
, the City Council is required to approve and certify the proposed 2017
preliminary levy to the Hennepin County Auditor by September 30;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1.The 2017 Preliminary General Fund Budget is hereby set at $5,921,312.
2.$5,180,996 is to be levied for 2016 ad valorem property taxes, collectible in 2017
upon all taxable property in the City of Shorewood.
3. The Finance Director is hereby instructed to transmit a certified copy of this
resolution to the County Auditor of Hennepin County, Minnesota.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22nd day of
August, 2016.
ATTEST: Scott Zerby, Mayor
_____________________________________
Jean Panchyshyn, City Clerk
#10B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Lake Minnetonka Communications Commission 2017 Budget
Meeting Date: August 22, 2016
Prepared by: Bill Joynes, City Administrator
Attachments: LMCC Memo, Resolution
Attached is the Lake Minnetonka Communications Commission’s (LMCC) 2017 Budget and 5-Year Capital
Plan. The Budget was approved at the August 11 Commission meeting and includes a $.75 PEG fee
increase. A resolution approving the budget is provided for Council’s approval.
Council Action
Adoption of a Resolution approving the proposed 2017 Lake Minnetonka Communications Commission
Budget.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
Lake Minnetonka Communications Commission
2016 Budget Detail vs 2017 Budget
201620172017
2016
AnnualizedQuarterlyAnnualized
Quarterly
Budget Revenues
Franchise fees(2017 is W/O Maple Plain $s)$ 243,876.08$ 55,268.03$ 221,072.11
60,969.02
PEG fees(2017 is W/O Maple Plain $s)$ 61,805.00$ 23,832.24$ 95,328.96
15,451.00
Mound Usage fees$ 45,850.28$ 11,118.69$ 44,474.77
11,462.57
Studio Rental$ 2,500.00$ 625.00$ 2,500.00
625.00
All other$ 4,000.00$ 1,000.00$ 4,000.00
1,000.00
Total Budgeted revenues$ 358,031.36 $ 91,843.96$ 367,375.84
89,507.59
Franchise Salaries$ 183,596.14$ 110,157.58
Franchise
PEG Production Salaries$ - $ 77,110.48
PEG
Franchise PERA Contributions$ 13,686.64$ 8,211.98
Franchise
PEG Production PERA Contributions$ - $ 5,748.39
PEG
Franchise FICA Contributions$ 13,343.67$ 8,006.19
Franchise
PEG Production FICA Contributions$ - $ 5,604.47
PEG
Franchise Health Insurance$ 25,521.60$ 15,012.69
Franchise
PEG Production Health Insurance$ - $ 10,508.91
PEG
Franchise Worker's Compensation Insurance$ 1,349.30$ 882.35
Franchise
PEG Prod. Worker's Compensation Insurance$ - $ 617.65
PEG
Total Budget - Personnel Expenses$ 237,497.35 $ 241,860.69
Office Supplies$ 1,000.00$ 1,400.00
Franchise
Special Events/Meetings$ 300.00$ 300.00
Franchise
Repairs & Maintenance Supplies$ 500.00$ 500.00
PEG
Studio Expendables$ 2,500.00$ 2,500.00
PEG
Audit/Accounting Fees$ 13,000.00$ 13,000.00
Franchise
Access Contractors$ 13,000.00$ 13,000.00
Franchise
Legal Fees$ 4,000.00$ 4,000.00
Franchise
Copier Expense$ 3,507.00$ 4,150.00
Franchise
Payroll Services$ 1,876.00$ 1,250.00
Franchise
Janitorial Services$ 2,730.00$ 2,900.00
Franchise
Security Services$ 300.00$ 300.00
Franchise
Telephone/Communications$ 3,500.00$ 3,500.00
Franchise
Postage$ 1,200.00$ 1,200.00
Franchise
Computer Consulting$ 2,000.00$ 2,000.00
Franchise
Training$ 400.00$ 400.00
Franchise
Travel$ - $ -
Franchise
Mileage$ 1,000.00$ 1,000.00
Franchise
Printing & Publishing$ 400.00$ 400.00
Franchise
Insurance$ 4,500.00$ 4,500.00
Franchise
Utilities$ 10,500.00$ 10,500.00
Franchise
Refuse & Recycling$ 900.00$ 1,500.00
Franchise
Bank Finance Fees$ - $ -
Franchise
Contracted Building Repair$ 2,000.00$ 2,000.00
PEG
Maintenance Repair Equipment$ 2,000.00$ 2,000.00
PEG
Equipment Rental$ - $ -
PEG
Advertising$ 200.00$ 200.00
Franchise
Van Operation$ 1,500.00$ 1,500.00
PEG
Web streaming/Broadband$ 7,800.00$ 8,800.00
Franchise
Licenses$ 1,000.00$ 1,000.00
Franchise
Other Expenses / Contingency$ 500.00$ 500.00
Franchise
Capital Building Improvements$ 2,000.00$ 2,000.00
PEG
Total Budget - Expenses$ 84,113.00$ 86,300.00
Total Budget - All Expenses$ 321,610.35 $ 328,160.69
Capital equipment expenditures budget$ 76,017.00$ 27,347.98
PEG
AV Support Program for Member Cities$ 80,000.00$ 21,022.00
PEG
Total 2017 Budget - All expenses plus Capital$ 477,627.35 $ 376,530.67
2017 5 Year Plan
Year 1:New Non-Linear Edit Bays:
Qty:Description:Mfg.:Part #:Cost Each:Tax Each:X Qty:Total:
2Edit ComputersAppleMac Pro$ 6,699.00$ 502.43 2$ 14,402.86
2Adobe Premiere Cloud(60 Months)AdobePremiere Cloud$ 599.88 $ 44.99 2$ 1,289.74
2Patch Bay and ControlAJAIo XT$ 1,495.00$ 112.13 2$ 3,232.26
227" Thunderbolt MonitorsAppletbmonitor27$ 939.00 $ 70.43 2$ 2,018.86
2Magic MouseApplemagicmouse$ 62.00$ 4.652$ 133.30
2Thunderbolt CablesAppletbcable$ 40.00$ 3.002$ 86.00
22Tb Portable DrivesAppleMyPassport$ 110.00 $ 8.252$ 236.50
2Apple Care Protection(2Yrs)AppleWarranty$ 224.00 $ 16.80 2$ 481.60
2Installation & ConfigurationAlpha VideoLabor$ 1,000.00$ -2$ 2,000.00
1Tower Work Station for PlaybackDellI3847-6161BK$ 549.99 $ 41.25 1$ 591.24
126 Port Gigabit Switch for CablecastCiscoSG200-26FP-NA$ 675.00 $ 50.63 1$ 725.63
1Back Up Storage for Video ServersSTCU20000100Seagate$ 1,999.99$ 150.00 1$ 2,149.99
Total:$ 27,347.98
Year 2:LAN Upgrade & Monitors
Qty:Description:Mfg.:Part #:Cost Each:Tax Each:X Qty:Total:
2Adobe Premiere Cloud(60 Months)AdobePremiere Cloud$ 599.88 $ 44.99 2$ 1,289.74
1LAN ServerDellPowerEdge R630$ 4,391.05$ 329.33 1$ 4,720.38
3Staff LaptopsDell$ 629.99 $ 47.25 3$ 2,031.72
I7548-2129SLV
1Network PrinterHPm401n$ 269.99 $ 20.25 1$ 290.24
10Inistall/Integrate/Migrate DataLaborNA$ 120.00 NA10$ 1,200.00
1CBL-SX2HD-530-UPG10CablecastSX2HD$ 21,265.00$ 1,594.881$ 22,859.88
1Frame SyncAJAFS2-R1$ 4,115.00$ 308.63 1$ 4,423.63
1Install & IntegrateCablecastNA$ 2,000.00$ -1$ 2,000.00
2Encoder/Flash RecordersMatroxMHDX/I$ 1,775.00$ 133.13 2$ 3,816.26
170" Monitor for StudioSamsungJ6300$ 2,500.00$ 187.50 1$ 2,687.50
Replace Old CRTs
619" LCD tv/monitorsInsginiaNS-19E310NA15$ 99.99$ 7.506$ 644.94
132" tv/monitorInsignia$ 159.99 $ 12.00 1$ 171.99
NS-32D220NA16
Total:$ 46,136.28
2017 5 Year Plan
Year 3:Replacement Production Truck
Qty:Description:Mfg.:Part #:Cost Each:Tax Each:X Qty:Total:
2Adobe Premiere Cloud(60 Months)AdobePremiere Cloud$ 599.88 $ 44.99 2$ 1,289.74
1Used Racked Production VanOpenNA$ 25,000.00$ 1,875.001$ 26,875.00
Total:$ 28,164.74
Year 4: Production Truck
Qty:Description:Mfg.:Part #:Cost Each:Tax Each:X Qty:Total:
2Adobe Premiere Cloud(60 Months)AdobePremiere Cloud$ 599.88 $ 44.99 2$ 1,289.74
12 in 2 out Instant Replay for FlintBroadcast PIXReVue$ 23,600.00$ 1,770.001$ 25,370.00
1Codec Pack for Instant ReplayBroadcast PIX703$ 4,715.00$ 353.63 1$ 5,068.63
1Encoder with Flash Card RecorderMatroxMHDX/I$ 1,775.00$ 133.13 1$ 1,908.13
14 Person Intercom SystemEartecTCS4000$ 1,100.00$ 82.50 1$ 1,182.50
219" SD/HD MonitorsInsigniaNS-19E310$ 149.99 $ 11.25 2$ 322.48
Total:$ 35,141.48
Year 5
Qty:Description:Mfg.:Part #:Cost Each:Tax Each:X Qty:Total:
2Adobe Premiere Cloud(60 Months)AdobePremiere Cloud$ 599.88 $ 44.99 2$ 1,289.74
10HD Flashcard Camcorder$4,000.00$ 300.00 10$ 43,000.00
Total:$ 44,289.74
CITY OF SHOREWOOD
RESOLUTION NO. 16-____
A RESOLUTION APPROVING THE PROPOSED
2017 LAKE MINNETONKA COMMUNICATIONS COMMISSION BUDGET
WHEREAS
, the City of Shorewood (“City”) is a member of the Lake Minnetonka
Communications Commission (“LMCC”); and
WHEREAS
, the Joint Powers Agreement governing the LMCC requires that an annual
budget be proposed and that it shall be adopted unless rejected by a majority of members within
45 days; and
WHEREAS
, the City Council has reviewed the proposed 2017 LMCC Budget.
NOW, THEREFORE, BE IT RESOLVED
that the City Council approves the 2017
LMCC budget.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22
day of August, 2016.
___________________________
Scott Zerby, Mayor
ATTEST:
________________________________
Jean Panchyshyn, City Clerk
#10C
MEMORANDUM
TO: Mayor Zerby and Members of the City Council
FROM: Tim Keane, City Attorney and Brad Nielsen, Planning Director
CC: Bill Joynes
RE: Ashland Woods
DATE: (Updated) 18 August 2016
Please find set forth below the background and discussion regarding the Ashland Woods
Development located at the southeast quadrant of the Hennepin County Regional Trail and
Strawberry Lane.
BACKGROUND
The Ashland Woods subdivision was proposed by Ashland Woods, LLC, a single
purpose development entity created and operated by Cory Lepper (the "Developer"). Ashland
Woods consisted of the creation of seven single-family residential lots off of Strawberry Lane on
a new cul-de-sac (the "Project"). The Project was approved by the Shorewood City Council at
their meeting of September 10, 2012, consistent with the terms of City Resolution No. 13-003
attached as Exhibit A. The Developer entered into a Development Agreement with the City on
January 14, 2015, a copy of which is attached as Attachment I of Exhibit A.
The Development Agreement included the rights, duties and responsibilities of the
Developer regarding conditions of approval, public improvements, schedule of the work,
responsibility for cost, and, in Section 32, requirement to provide a Declaration of Covenants,
Conditions and Restrictions. The Development Agreement obligated the Developer to provide a
copy of the Declaration of Covenants, Conditions and Restrictions which required the
establishment of a homeowner's association and ongoing responsibility for the monitoring and
maintenance of the surface water drainage facilities and center island cul-de-sac landscaping
improvements. Customarily the private agreements are released to the Developer, whose
responsibility it is to record these documents. While the developer did file the Development
Agreement for the plat, there is no record of the filing of the Declaration of Covenants or the
Homeowners Association documents. On June 26, 2015, the City sent a letter of notification to
the Developer advising the Developer's responsibility under the Development Agreement copy
of which is attached hereto as Exhibit B.
CONCLUSION
The Developer has constructed homes on Lots 2, 3, 4, 5 and 7 of the Project. The former
buyer of Lot 6 has sold that lot back to the developer. The City instructed the Developer back in
June of 2015 that no more building permits or certificates of occupancy will be issued until
posting of an adequate financial security and execution and recording of a revised Declaration to
ensure the ongoing obligations to maintain the storm water facilities. The issues relating to
architectural review and control of new and existing structures within the Project are not within
the regulatory authority of the City. Architectural control within a subdivision is strictly a
private matter between homeowners, the Developer, and the governance of a homeowner's
association. Again, the City does not have the authority to regulate architecture and aesthetics
within a development. The current owners of Lot 1 are frustrated that they are unable to obtain a
building permit and that nothing seems to be happening toward a resolution. From staff’s
perspective, nothing has changed. This remains a private matter between the property owner and
the developer.
4817-4199-1208.1
Thank you for consideration of this background. Should you have any questions you
may contact Brad Nielsen at 952-960-7912 or Tim Keane at 612-334-5015.
4817-4199-1208.1
CITY OF SHOREWOOD
RESOLUTION NO. 13-003
A RESOLUTION APPROVING THE FINAL PLAT OF
ASHLAND WOODS
WHEREAS
, the final plat of Ashland Woods has been submitted in the manner required for the
platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all
proceedings have been duly had thereunder; and
WHEREAS
, said plat is consistent with the Shorewood Comprehensive Plan and the regulations
and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood; and
WHEREAS
, the final plan is consistent with the preliminary plat previously approved for the
project.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood as
follows:
1. The plat of Ashland Woods is hereby approved.
2. Approval is subject to the Development Agreement Ashland Woods, attached hereto as
Attachment I, and the Ashland Woods Homeowners Association Declaration of Covenants, Conditions
and Restrictions, attached hereto as Attachment II, being recorded contemporaneously with the final plat.
3. The Mayor and City Clerk are hereby authorized to execute the Certificate of Approval
for the plat on behalf of the City Council.
4. That the final plat, together with the Development Agreement and the Declaration
referenced in 2., above, shall be filed and recorded within thirty (30) days of the date of certification of
this Resolution.
BE IT FURTHER RESOLVED
that the execution of the Certificate upon said plat by the
Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and
City officials and shall entitle such plat to be placed on record forthwith without further formality, all in
compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of January
2013.
ATTEST: Scott Zerby, Mayor
Jean Panchyshyn, Deputy City Clerk
Exhibit A
CITY OF SHOREWOOD
4817-4199-1208.1
DEVELOPMENT AGREEMENT
ASHLAND WOODS
THIS AGREEMENT
, made this _______ day of , 2013, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred
to as the "City", and ASHLAND WOODS, LLC, a Minnesota limited liability company,
hereinafter referred to as the "Developer".
WHEREAS
, the Developer has an interest in certain lands legally described in Exhibit
A, attached hereto and made a part hereof; which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS
, Developer proposes to develop the Subject Property into seven (7) single-
family residential lots; and
WHEREAS
, the Developer has made application for a preliminary plat for the property
with the Zoning Administrator, which preliminary plat was considered by the Planning
Commission at their meeting held on 7 August 2012, and at a meeting of the City Council on 10
September 2012; and
WHEREAS
upon recommendation of the Planning Commission, the City Council did
consider and grant preliminary plat approval as set forth in Resolution No. 12-056; and
WHEREAS
, the Developer has filed with the City the Final Plat for “Ashland Woods”, a
copy of which plat is attached hereto and made a part hereof as Exhibit B;
NOW, THEREFORE
, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution No. 12-056, on file in the
Shorewood City Offices. In addition, development of the property is subject to the requirements
of the R-1C, Single-Family Residential zoning district.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
(01) Public street grading, graveling and stabilizing, including constructing and
sodding of berms, swales, and boulevards;
(02) Public street surfacing, including surmountable curbs, gutters and driveway
approaches;
Attachment I
4817-4199-1208.1
(03) Storm sewers, when determined to be necessary by the City, including all
necessary catch basins, ditches, inlets, retention areas and other appurtenances;
(04) Sanitary sewer laterals or extensions, including all necessary building services
and other appurtenances;
(05) Water main laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances;
(06) Required tree preservation, reforestation and landscaping;
(07) Street name signs and traffic control signs;
consistent with the plans and specifications prepared by Otto Associates Engineers and Land
Surveyors, Inc., dated 6 January 2013, and received and approved by the City Engineer.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate
agreements with the Developer.
3.) Final Plat, Grading, Drainage and Utility Plan, Building Plan - The Developer has
filed with the City Clerk the final plat titled Ashland Woods for the development of the Subject
Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat,
together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this
Development Agreement, is herewith adopted and approved by the City.
4.) Pre-construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood
City Hall. Such meeting shall be coordinated with the City Engineer and shall include all
appropriate parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 2 above shall be constructed and installed in accordance with engineering
plans and specifications approved by the City Engineer and the requirements of applicable City
ordinances and standards, and that all of said work shall be subject to final inspection and
approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of said
improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed the quantities and qualities required by the
approved plans and specifications, and shall be subject to inspection and approval of the City,
which approval shall not be unreasonably withheld if the materials and work are consistent with
the plans and specifications and the standards set forth herein. In case any materials or labor
supplied shall be rejected by the City as defective or unsuitable, then such rejected materials
shall be removed and replaced with approved materials, and rejected labor shall be done anew to
the reasonable satisfaction and approval of the City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of
a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the
4817-4199-1208.1
final lift of asphalt, shall be performed to be completed by 1 November 2013. The final lift of
asphalt shall be completed by 1 July 2014. Upon receipt of written notice from the Developer of
the existence of causes over which the Developer has no control, which will delay the
completion of the work, the City, at its discretion, may extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and file with the City a full set of
"as-built" plans, including a mylar original and two (2) black line prints, showing the installation
of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60)
day period shall suspend the issuance of building permits and certificates of occupancy for any
further construction within the plat until the documents called for herein are filed.
9.) Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of the sanitary sewer, storm sewer, and surface
water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek
Watershed District, and thereafter promptly assign said easements to the City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking, Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described improvements and
delineation of the wetland buffer areas. In order to ensure that the completed improvements
conform to the approved plans and specifications, the City will provide for resident inspection as
determined necessary by the City Engineer.
12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide
grading, drainage and erosion control plans to be reviewed and approved by the City Engineer.
Said plans shall provide for temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and
debris resulting from construction therein by the Developer, its agents or assignees.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2, except the final lift of asphalt, are completed and
approved by the City Engineer.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer’s engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
4817-4199-1208.1
17.) Conveyance of Improvements - Upon completion of the installation by Developer
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey said improvements to the City free of all liens and encumbrances and
with warranty of title, which shall include copies of all lien waivers. Should the Developer fail
to so convey said improvements, the same shall become the property of the City without further
notice or action on the part of either party hereto, other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City
with a VHS videotape thereof.
19.) Restoration of Streets, Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 29 below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may
be done or furnished by the contractor without such written order first being obtained shall be at
its own risk, cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed and
furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that the Developer submit to
the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work
done and materials and supplies furnished for the performance of this Agreement, the Developer
agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by
the City in an amount equal to 150% of the total cost of said Improvements estimated by the
Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall
remain in effect for a period of one year following the completion of the required improvements.
The deposit or letter of credit may be reduced in amount at the discretion of the City upon
approval by the City of the partially completed Improvements, but in no event shall the deposit
or letter of credit be reduced to an amount less than 125% of the cost of the remaining
Improvements. At such time as the Improvements have been approved by the City, such deposit
or letter of credit may be replaced by a maintenance bond.
4817-4199-1208.1
23.) Insurance - The Developer shall take out and maintain public liability and
property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's work or the work of their subcontractors, or by
one directly or indirectly employed by any of them. This insurance policy shall be a single limit
public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until
the improvements set forth in paragraph 2 have been accepted by the City. The City shall be
named as additional insured on said policy and the Developer shall file a copy of the insurance
coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2
above, the Developer shall file with the City a certificate of such insurance as will protect the
Developer, his contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota. The insurance coverage required hereby may be
supplied by the Developer’s contractors and subcontractors, thereby satisfying the requirements
of this section.
24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property and shall secure all permits that may be required by the City of Shorewood, the State of
Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control
Commission before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $8400 ($1200 for
seven lots) as local sanitary sewer access charges.
26.) Municipal Water Charges - Pursuant to Shorewood City Code a $10,000
municipal water connection charge is required to be paid for each unit, prior to the release of the
final plat. The Developer’s costs for getting municipal water to the property will be refunded to
the Developer, but shall not exceed the amount of the connection charges.
27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City,
make a cash payment to the City in the sum of $35,000 ($5000 for each lot) for the Park Fund.
28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy
(“Policy”) which has been incorporated into the City Code. In addition to the Policy, the
Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by
Otto Associates Engineers and Land Surveyors, Inc., dated __28 September , 2012 (“Plan”). In
addition the Developer shall submit a Reforestation Plan pursuant to the City’s Policy. The
Reforestation Plan shall be subject to review and approval by the Shorewood Planning
Department.
The Developer agrees that the tree preservation measures provided for in the Policy and in the
Plan are the responsibility of the Developer, and that the Developer shall also be responsible for
any acts of its subcontractors or agents which are in violation of either the Policy or the Plan.
As partial security for its obligation under this paragraph 28, the Developer agrees that prior to
the issuance of each building permit, the Developer or its assigns will provide for two thousand
dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such
obligation.
4817-4199-1208.1
29.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be addressed as follows:
To the City: Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to: Shorewood City Attorney
c/o Malkerson Gunn Martin LLP
1900 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402
To the Developer: Cory Lepper
c/o Ashland Woods, LLC
20445 Park Place
Deephaven, MN 55331
30.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, except for the normal
process of marketing lots, prior to the completion of the project and the fulfillment of the
requirements of this Agreement, Developer shall forthwith notify the City of such change in
ownership. Developer further agrees that all dedicated streets and utility easements provided to
City shall be free and clear of all liens and encumbrances.
31.) Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability, damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observance of
any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising
out of or by reason of the execution of this Agreement or the performance and completion of the
work and Improvements hereunder.
32.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall
4817-4199-1208.1
include the City as a signatory thereto, for review and approval by the City prior to recording.
The Declaration shall provide for the establishment of a homeowners association which shall be
responsible for the monitoring and ongoing maintenance of the surface water drainage facilities
and the center island cul-de-sac landscaping improvements for the Subject Property.
33.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof, the
City may cause any of the improvements described in paragraph 2 above to be
constructed and installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and administrative expense
incurred by the City to be recovered as a special assessment under Minnesota Statutes
Chapter 429, in which case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real property within the
Subject Property for any amount so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense reasonably incurred by the City in remedying the
conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, after notice and failure to
cure, the City may also institute legal action against the Developer or utilize any cash
deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City
for:
(a) The cost of completing the construction of the improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(03) Additional Remedies. Notwithstanding any other remedy available to the City
under this Agreement, the City may elect to proceed under this paragraph to remedy a
violation of Developer’s obligations under paragraph 28 hereof.
(a) Upon discovery of an apparent violation of the Plan or Policy, the City
will notify the Developer in writing of the violation. The notice will
contain a description of the circumstances constituting the violation, the
provision of the Policy or Plan which is apparently violated, the steps
which must be taken to correct the violation and the date by which the
compliance must occur.
4817-4199-1208.1
(b) If compliance has not occurred within such time, or if the violation, by
virtue of its repeated nature, seriousness or other factors are such that a
penalty may be appropriate, the matter will be scheduled for a hearing by
the City Council at a meeting not sooner than ten (10) days following the
date on which written notice is mailed to the Developer.
(c) Following the hearing, the Council shall render its decision in writing. If
the Council determines that the Plan or Policy has been violated, (whether
or not the violation has been corrected) it may take some or all of the
following actions:
(i) impose a monetary penalty of not more than $1000 for each violation.
(ii) order that the Developer stop work on all construction for which
building permits have been issued; and withhold the issuance of additional
building permits until it has received assurances satisfactory to the City
that no future violations of the Plan or Policy are likely to occur.
(iii) take any other actions or enforce any other remedies available to it
under this Agreement, the Policy or the City Code.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to
prevent use or occupancy of the proposed dwellings.
34.)Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
35.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
36.) Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
37.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
38.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
IN WITNESS WHEREOF
, the parties hereto have caused these presents to be executed
on the day and year first above written.
4817-4199-1208.1
DEVELOPERCITY OF SHOREWOOD
By: By:
Its:______________ Its: Mayor
ATTEST:
City Administrator/Clerk
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ______day of ________________, 2013, before me, a Notary Public within and
for said County, personally appeared Scott Zerby and William S. Joynes to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ______ day of
_____________, 2013, by Cory Lepper, the Chief Manager of Ashland Woods LLC, a
Minnesota Limited Liability Company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Malkerson Gunn Martin LLP
1900 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402
(TJK)
4817-4199-1208.1
DESCRIPTION:
Lot 105, Auditor’s Subdivision Number One Hundred Thirty-Three (133), Hennepin
County, Minnesota, EXCEPT that part described as follows:
Commencing at the Southwest corner of said Lot 105; thence Northerly along the West
line of said Lot 105, a distance of 100 feet; thence Easterly parallel with the South line of
said Lot 105, a distance of 200 feet; thence Southerly parallel with the West line of said
Lot 105 to the South line thereof; thence Westerly along the South line of said Lot 105 to
the point of beginning.
Exhibit A
4817-4199-1208.1
4817-4199-1208.1
MEMORANDUM
Date:
August 22, 2016
To:
Mayor Zerby
Council Members
From:
Bruce DeJong, Finance Director
Re:
July, 2016 General Fund Monthly Budget Report
______________________________________________________________
The 2016 General Fund is tracking about where we would expect. Now is the time of year when
we can begin to see trends in revenue or expenditure variances.
Revenues are higher than 2015 in total. Permits are running ahead of last year’s pace and will
likely stay above as the Minnetonka Country Club property is developed. Intergovernmental
receipts are higher because of a $34,000 payment from Minnehaha Creek Watershed District for
the Christmas Lake inspection program. Those funds were immediately paid over to Christmas
Lake Homeowners Association which has driven up expenses in the Council - Other Services
line item. Misc. Revenues are also high because of the payment for the tax forfeit parcel on
Howard’s Point Road of approximately $51,000. Fines & Forfeits is lower than last year. The
fine revenues have generally been lower each month, so we will likely be under the budget in
that area. Please remember that the city receives its primary revenues from property taxes which
the first half are distributed in July.
Expenditures are a little higher than 2015. Part of that is driven by minor timing differences as
to when payments are made. The difference is not an amount that would raise concern at this
point in the year.
Council – Other Services and Charges are higher because of the payment to the Christmas Lake
Association.
Administration – Other Services and Charges are higher because we are actually paying for Mr.
Joynes services here as a contract rather than in the Personal Services budget where Council had
planned for a full-time administrator.
Park Maintenance – Personal Services are higher because more time has been coded here rather
than in the Public Works Service. This is not a problem for the overall General Fund budget
because total salaries are still below budget.
Please contact me or Mr. Joynes if you have any questions.
Attachment: July Budget Spreadsheet